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How a 'non-commercial' contract can still qualify as a commercial transaction and be subject to statutory commercial interest

Statutory commercial interest is higher than the ordinary statutory interest. Whether statutory commercial interest is due, depends on the qualification of the relationship between the parties as a commercial contract under Article 6:119a DCC.

Nederlands stakingsrecht op orde

Deze zomer wees het Europees Sociaal Comité voor Sociale Rechten (ECSR) de klachten af die FNV en CNV hadden ingediend over het Nederlandse stakingsrecht.

If you have nothing nice to say…Teva fined heavily for abusive conduct

Dominant pharma companies had better watch their words and use the patent system wisely. Pharma company Teva was fined EUR 462.6 million for disparagement and ‘divisional gaming’ to delay market entry and hinder the uptake of a competing drug.

The Commission’s ‘killer’ pharma campaign: reason to complain?

The European Commission is on the prowl in the pharma sector. Recent cases on alleged disparagement and pipeline drugs-killings show that it is not afraid to show its teeth and, ultimately, bite.

Qualcomm falls prey to EU court’s predatory pricing ruling

The EU General Court confirms that Qualcomm’s below-cost pricing strategy designed to eliminate competition was predatory. This judgment, the first of its kind in over a decade, provides useful guidance on predatory pricing practices.

ECJ in Towercast: plan C for tackling concentrations?

Companies beware: completed non-notifiable concentrations do not necessarily go scot-free. An ex post abuse-of-dominance investigation by national competition authorities (NCA) could still loom.

The ECJ’s ruling in Servier: Never Settle For Less

Patent settlement agreements between originator pharmaceutical companies and generics manufacturers are a risky business. Originator medicine company Servier and five generic companies rolled the dice and the ECJ largely confirmed their antitrust fines.

Mayday, Mayday: Pay day!

The Commission’s fight to avoid paying interest to Deutsche Telekom is over. The ECJ upheld the right of companies to receive interest on unduly collected antitrust fines, carrying a hefty price tag for the Commission.

Get ready for more action! Dutch investment screening continues to evolve

Dutch investment screening is rapidly expanding: since June, the proposal for a separate defence regime has been published and the intended expansion of the regime of the Vifo Act to include AI and biotech has been announced. Reason for a quick update!

Widening the net: The Dutch government proposes to broaden the scope of the Vifo Act

The Vifo Act continues to evolve: Dutch government to extend the scope of the general Dutch FDI screening regime to cover six additional technologies.

Stibbe in panel Generative Artificial Intelligence event

Op donderdag 27 juni nam Stibbe deel aan een event over Generative Artificial Intelligence en de mogelijke betekenis en impact ervan op verschillende spelers en belanghebbenden in de juridische sector.

Amsterdam Court of Appeal grants standing in collective action about alleged manipulation of interest rate benchmarks

Contrary to the Amsterdam District Court’s judgment, the Amsterdam Court of Appeal granted Stichting Elco Foundation standing in a collective action against several banks and brokers based on alleged manipulation of interest rate benchmarks.

ECJ calls the shots: CK Telecoms ruling sent back to General Court

The ECJ overruled the General Court in its CK Telecoms ruling, taking the strict requirements that the GC placed on the Commission when reviewing mergers off the table. This will make it easier for competition authorities to intervene in merger cases.

E-book: 'Sustainable Finance in Europe'

Stibbe lawyers Marieke Driessen, Loes van Dijk and Ingrid van der Klooster contributed to the book 'Sustainable Finance in Europe' which was recently published.

Including scope 3 emissions in environmental impact assessments used in public decision-making

In this blog post, we discuss the role that Scope 3 emissions can play in project permitting and environmental impact assessments. We do this in the light of a landmark decision by the UK Supreme Court on 20 June 2024.

Announcement of amendments to draft bill to exclude RETT concurrence exemption for share deals

The Dutch government announced that the draft legislative proposal to exclude the application of the RETT concurrence exemption on the acquisition of a qualifying share interest in companies owning newly developed real estate will be amended.

Opleiding Vastgoedcontracten

PUC - KU Leuven Continue introduceert een opleiding speciaal ontworpen voor vastgoedprofessionals die dagelijks met vastgoedcontracten te maken hebben. De opleiding wordt verzorgd door experts van het Real Estate, Construction & Projects-team bij Stibbe.

TMT seminar series 2024

Following our successful TMT seminar series in 2023, our TMT team is happy to announce five new seminars taking place in 2024. Please find an outline of the seminars in the article below.

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