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The ACM follows EU approach in its first pharmaceutical merger

The Dutch Authority for Consumers and Markets (ACM) recently reviewed its first merger between two pharmaceutical companies.

Digitisation and competition law: past, present and future

It is nearly time for the European Commission to reveal its course of action in digitisation and competition law.

The need for speed in mergers is no reason to ignore rights of defence

On 16 January 2019, the European Court of Justice clarified the procedural guarantees the European Commission needs to provide to merging parties during merger reviews.

Legislative proposal for mass damages claims approved by the Dutch House of Representatives

On 29 January 2019, the Dutch House of Representatives approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). This proposal aims to amend article 3:305a DCC to enable collective

Transitional rules announced for certain Dutch tax acts in case of no deal Brexit

On 4 February 2019, the Dutch State Secretary of Finance sent a letter to the Dutch Parliament announcing transitional rules for Dutch taxes (other than customs legislation) if there will not be a Brexit withdrawal agreement (i.e. a no deal Brexit). The l

UK investment firms will be temporarily exempt from the Dutch licensing requirement as of 30 March 2019

On 4 February, the Dutch Minister of Finance published an amendment to the Exemption Regulation under the Financial Supervision Act (Vrijstellingsregeling Wft). The amendment provides for a temporary exemption from the licencing requirement for investment

Companies unprepared for increasing cyber risks

Companies increasingly face cybercrime incidents. Stibbe offers tailor-made solutions.

Sweet & Maxwell’s annual EU Competition Law Handbook

The 29th edition of Sweet & Maxwell’s annual EU Competition Law Handbook has been published. 

European Data Protection Board provides welcoming guidance on the territorial scope of the GDPR

If personal data of a Korean employee working for a U.S. company is processed in the HR department in London, does the GDPR apply? Is the GPDR applicable to a Dutch customer visiting the website of a Canadian company?

Dutch Financial Regulators recommend a Dutch national licensing regime for crypto exchange platforms and crypto wallet providers

On 18 January 2019, the Dutch Central Bank (De Nederlandsche Bank, "DNB") and the Netherlands Authority for the Financial Markets (Stichting Autoriteit Financiële Markten, the "AFM") published their joint advice recommending a Dutch national licensing reg

European Birds Directive: deviation schemes with varying success

Both the Belgian and French Councils of State have expressed their views on the application of Article 9 of the Birds Directive. This article allows for a scheme that deviates from the prohibition to disturb, hunt, or kill protected bird species.

Steven Hijink joins Dutch Accounting Standards Board

Steven Hijink has been appointed as one of ten members of the Dutch Accounting Standards Board (DASB), the executive body of the Dutch Council for Annual Reporting.

Special regulation on franchise agreements proposed: more protection for franchisees

On 12 December, a draft legislative proposal ("proposal") was published containing a special regulation on franchise agreements. Until now, there have been no special regulations regarding franchise agreements.

Loyalty rebate scheme 'saved' by pharma company's market misconceptions

The UK Competition and Markets Authority (CMA) recently closed its investigation into a discount scheme by dominant pharma company Merck Sharp & Dohme (MSD) aimed at preventing the National Health Service (NHS) from switching to competing biosimilars.

Don't take the ACM's digital inspection guidelines too literally

The Dutch Authority for Consumers and Markets' (ACM) digital inspection guidelines should be on every company's reading list. However, they should not be taken too literally; at least according to the recent ruling from the Court of Appeal in The Hague.

Fine liability in antitrust cases is closely scrutinised by Dutch courts

A parent company can be held liable for a subsidiary's anti-competitive conduct if the parent has exercised decisive influence over the subsidiary, because the two are then considered a single undertaking.

Tick-tock: no reset of the appeal clock for amending Commission decision

The European Court of Justice recently upheld the General Court's order finding that metal production and recycling company Eco-Bat had submitted its appeal outside of the appeal term.

European Court of Justice sets aside Portuguese rules time-barring a damages action

The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages.

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