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Stibbe wins summary proceedings for energy companies

Under the strict sustainability provisions of the Agreement on Energy for Sustainable Growth 2013 (known as the Energy Agreement), coal-fired power plants in the Netherlands are using an increasing proportion of biomass instead of coal.

Audit firms and accountant's duty of care towards third parties

The Dutch Supreme Court recently decided (ECLI:NL:HR:2019:744) that the standard for audit firms' and accountants' duty of care towards third parties is in essence no different than the general duty of care under Dutch tort law [...].

Prove it or lose it: court sets aside ACM fines in two separate cases

The Rotterdam District Court recently confirmed the high bar which has been set for the ACM when proving its case: the court annulled the fines imposed by the ACM in two different cases and, significantly, each for the same reason.

No parking! Canon fined EUR 28 million for warehousing transaction structure

The European Commission has landed a third strike against gun-jumping, the prohibition to implement a transaction before notification to and clearance by the Commission.

Abuse of economic dependence and unfair contract terms in B2B relations: ready for 2020?

Belgium adopted a new act prohibiting the abuse of economic dependence, the use of unfair contract terms and unfair market practices in B2B relationships.

HvJ: nationale rechter dient toe te zien op de naleving van de verplichtingen inzake luchtkwaliteit

Bij arrest van 25 juni 2019 (C-723/17) deed het Hof van Justitie uitspraak over enkele prejudiciële vragen, voorgelegd door de Nederlandstalige rechtbank van eerste aanleg Brussel, over de toepassing van de Europese Luchtkwaliteitsrichtlijn (2008/50/EG). 

Stibbe represents bankruptcy trustrees Indover Bank

Stibbe represented the bankruptcy trustees of the Dutch merchant bank, Indover Bank, in a major dispute with Bank Indonesia. Indover Bank was a 100% subsidiary of Bank Indonesia and was declared bankrupt in 2008.

Stibbe represents Nederlandse Spoorwegen (NS)

Stibbe represented the Dutch railway operator NS in a seminal case in the Netherlands concerning alleged abuse of dominance.

Stibbe successfully represents EY in fine case

Stibbe represented EY in an appeal before the Industrial Appeal Court (College van Beroep voor het bedrijfsleven; CBb) filed by the AFM after the Rotterdam District Court's decision at the end of 2017 to annul the fines imposed by the AFM. The Rotterdam D

Stibbe advises Westermeerwind

The District Court Midden-Nederland ruled in favour of Westermeerwind B.V. on 19 June, in a case brought by organisations acting for the 'Westermeerwind Group'. The group had claimed that the 32 members of that group had the right to participate in the Wi

Stibbe advises Athora

Stibbe is advising insurance and reinsurance group Athora on its acquisition of Vivat N.V. from Anbang and the related sale of Vivat Schadeverzekeringen to NN Group. 

Regulate tech giants and create European champions, says Dutch government

Companies beware: revised EU competition rules are on their way. 

Court applies Dutch law to all air freight cartel damages claims

On May 1, the Amsterdam District Court ruled in two judgments (1) and (2) that Dutch law applies to all follow-on damages claims resulting from the international air freight cartel, mainly citing practical considerations for its decision.

Cheaper beer ahead? AB InBev fined for cross-border sales restrictions

Dominant companies beware of hindering cross-border sales between resellers through, for instance, labelling or packaging measures to make your products less attractive for import.

Successful challenges to merger decisions seem to be the exception

The General Court recently confirmed the high degree of discretion enjoyed by the European Commission in the context of merger control decisions, particularly with respect to assessments of an economic nature.

Low prices, high fines: Commission's creative purchase cartel fine upheld

Companies should take note that the European Commission will deviate from its own general fining methodology if a particular case calls for it. The General Court recently upheld the Commission's novel fining approach in regard of a purchase cartel.

Still standing: annulled Commission decision remains in force for non-appellant

Steel producer Lucchini's claim for reimbursement of a EUR 14 million fine, on the basis that the decision was annulled on appeal from other parties, was recently rejected by the General Court.

Dutch Supreme Court clarifies evidentiary rules concerning signatures and signed documents

In two recent decisions, the Dutch Supreme Court has clarified the evidentiary power of signed documents.

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