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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.

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.

First application of Towercast in Belgium and merger filing exemption for certain hospital merger

The Belgian Competition Authority has applied the Towercast case law in a first case in Belgium. It could possibly try do so again for certain hospital mergers that the legislator has recently exempted from merger filing in Belgium.

EU Court of Justice ruled on the statute of limitation and scope of applicability of the Damages Directive in Heureka vs. Google

In a judgment of 18 April 2024, the European Court of Justice (“CJEU”) ruled on preliminary questions of the City Court of Prague concerning a damages claim lodged against Google by comparison shopping service provider Heureka.

Tom Verdonk co-edited ‘Unfair Trading Practices in the Agricultural and Food Supply Chain’

Tom Verdonk has co-edited the book ‘Unfair Trading Practices in the Agricultural and Food Supply Chain’, recently published by Larcier-Intersentia.

Breaking off negotiations: does unjust enrichment lead to liability for damages?

The Dutch Supreme Court rendered a decision on 14 June 2024 that sheds light on the standards for a party’s obligation to reimburse the other party’s costs when breaking off negotiations.

Driving range of electric car falls short; buyer allowed to terminate contract

The Dutch Supreme Court recently rendered a judgment that might enable buyers of electric cars to terminate their purchase agreement or reclaim part of the purchase price.

Suze Chevalier

Junior Associate (awaiting bar admission) Amsterdam

Stibbe Amsterdam appoints Wouter den Hollander as counsel

We are pleased to announce that Stibbe Amsterdam has appointed Wouter den Hollander as counsel as of 1 April. Wouter’s appointment strengthens Stibbe’s Litigation & Arbitration practice.

Tom Verdonk defends Ph.D. on competition law and food security

His dissertation entitled “Seeds of Market Power” examines how EU competition law can promote both fair access to innovation and food security through collaborative licensing in the seed and biotech sectors.

Florentine Snoeker

Associate Amsterdam

Fons Leijten

Of Counsel Amsterdam

Meta fined for Facebook Marketplace’s Unfair Trading Conditions and Tying

Unfair trading conditions and tying are gaining traction as alleged abusive practices in the digital industry, as the European Commission fines Meta EUR 797.72 million for hindering competitors of Facebook Marketplace.

ESG en bestuurdersaansprakelijkheid: bewustzijn creëren, geen bangmakerij

In het publiek debat worden bestuurders in toenemende mate aangesproken op hun verantwoordelijkheid voor de ESG-compliance van het bedrijf. Ook juridisch: denk aan strafrechtelijke aangiften en onderzoeken met expliciete aandacht voor bestuurders.

The gift that keeps on giving: Article 22 is here to stay

The European Commission will review a transaction thanks to Italy’s call-in powers. Even though the broad interpretation of Article 22 EUMR is off the table, deals that do not meet standard EU and national merger thresholds may still need to be notified.

Monique van der Linden

Counsel Amsterdam

Nathan van Rooijen