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European Commission must reassess Lufthansa's request to waive merger commitments

On 16 May 2018, the General Court partially annulled the European Commission's rejection of Lufthansa's request to waive pricing commitments it had given when it acquired Swiss International Air Lines (Swiss) in 2005.

European Court of Justice rules EY did not violate stand-still obligation in Danish merger

On 31 May 2018, the European Court of Justice ruled that Ernst & Young (EY) did not illegally implement the acquisition of KPMG Denmark (KPMG DK) before obtaining antitrust clearance.

District Court rules on the preliminary defences in CRT case

On 29 November 2017, the District Court of East-Brabant ruled in four separate judgments on preliminary defences raised by defendants in damages claims brought by various Brazilian claimants in relation to the alleged cartel in cathode ray tubes (CRT).

District Court Amsterdam rules real estate platform Funda did not abuse its dominant position

On 21 March 2018, the District Court of Amsterdam delivered its judgment in a dispute between two real estate associations (VBO Makelaars and NVM) over the online platform of Funda Real Estate (Funda).

First Dutch excessive pricing case in pharma may be expected soon

On 7 March 2018, the president of the Dutch Authority for Consumers and Markets (ACM) together with two colleagues published a paper concerning the application of the competition rules in the pharmaceutical industry.

Right to free choice of lawyer also applies to stages in a dispute that may lead to proceedings

The European Court of Justice (ECJ) has found in a judgment of May 2020 that the right of a legal assistance insured person to freely choose his or her lawyer applies not only to proceedings before a court or an administrative body [...].

The Dutch scheme – Classes and voting

The Act on confirmation of private restructuring plans – which introduces a framework allowing debtors to restructure their debts outside formal insolvency proceedings (termed the “Dutch Scheme“) – was adopted by the Dutch Senate on 6 October 2020.

ACM study calls for regulation of Big Techs on payment market

The ACM’s market study, published on 1 December 2020, provides an overview of recent and upcoming developments concerning the role of Big Tech companies in both online and offline payment markets in the Netherlands.

Amsterdam District Court puts a halt to unlimited forum shopping

On 25 November 2020, the Amsterdam District Court (the Court) declined jurisdiction over all non-Dutch defendants (the foreign defendants) in proceedings for compensation of damage based partly on an infringement of Article 101 TFEU.

Commission evaluates Antitrust Damages Directive: to be continued

On 14 December 2020, the Commission published a report on the implementation of the Antitrust Damages Directive (the Directive). The Commission observes a significant increase in antitrust damages actions since the adoption of the Directive.

(Geo)blockbuster: Canal+ ruling annuls commitment decision

A heads-up for companies seeking to settle in antitrust proceedings: commercially-affected third party complainants are not to be ignored.

Stibbe Luxembourg tax team writes on the taxation of cross-border workers in ACE

Johan Leonard and Roberto de Castro Mendonça authored the article 'Taxation of Luxembourg cross-border workforce during the pandemic', which is featured in the latest issue of the professional periodical 'ACE'.

Collaborative Law - A new form of alternative dispute resolution

On 1 January 2019, the legal provisions on collaborative law entered into force. In this article, we explain the mean features of this new form of alternative dispute resolution.

Restructuring and Insolvency in the Netherlands

Dutch insolvency law is constantly evolving. In their article in GRR’s Europe, Middle East and Africa Restructuring Review 2020, Sophie Beerepoot addresses a few topics and discuss their relevance for national and foreign debtors.

FAQ: Hoe lang duurt een bestuursrechtelijke bezwaar- en (hoger) beroepsprocedure?

Voor vrijwel alle betrokkenen bij een besluit speelt op enig moment de vraag hoe lang een bestuursrechtelijke bezwaar- dan wel (hoger) beroepsprocedure tegen dat besluit in beslag neemt.

Never fear, a post-Brexit competition law checklist is here

On 1 January 2021, the United Kingdom completes the process of separating from the European Union. However, the split between the UK and EU regimes will be a gradual process rather than a swift surgical cut, due to the treatment of ongoing cases and vario

Johan Léonard was interviewed by Paperjam Tax & Legal on the application of DAC6

Stibbe's Luxembourg tax partner Johan Léonard was amongst the few experts selected by Luxembourg's leading business publication Paperjam to discuss the implications of the DAC6 Directive in Luxembourg and throughout Europe.

ESG: The Transition to ESG Benchmarks and new ESG disclosure requirements

Marking a substantial step towards achieving the goals of the EU Action Plan on Financing Sustainable Growth (the “EU Action Plan on Sustainable Growth”), the benchmark regulations will enter into force on 23 December 2020.

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