871 results Stibbe advises KLM and Martinair Representing KLM and its subsidiary Martinair in antitrust damage litigation in what is alleged to be Europe's largest ever cartel damage claim. 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. Court of Appeal overturns first instance judgment and establishes that several prestressing steel producers are liable for the potential loss alleged by Deutsche Bahn The Court of Appeal of 's-Hertogenbosch ruled that several producers of prestressing steel are jointly and severally liable for potential loss that Deutsche Bahn may have suffered as a result of an infringement of competition law rules. 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. Verticale prijsbinding: handhaving, boetes en schadeclaims We bespreken de wijze waarop bedrijven hun afnemers ongeoorloofd dwingen tot het rekenen van minimumprijzen en waarom dat niet mag. De ACM handhaaft streng en leveranciers kunnen rekenen op hoge boetes en schadeclaims van gedupeerde consumenten. You win some, you lose some: Google AdSense decision annulled The General Court has annulled the EUR 1.49 billion fine imposed on Google. The Commission had failed to properly assess the allegedly abusive contractual clauses related to online advertising, including whether they actually had a lock-in effect. 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. Sharing is caring? Commission can take over NCA probe The EU case cooperation mechanism does not create any rights for companies to have their case dealt with by a particular competition authority. Companies should therefore factor the dynamics of this cooperation mechanism into their defence strategies. 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. EU Compass: Boosting competitiveness as North Star Are ‘European champion’ companies walled off from unfair (foreign) competition the future? The European Commission recently presented its Competitiveness Compass to navigate the European Union to strengthened competitiveness. 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. Belgian Competition Authority confirms jurisdiction for M&A transactions in hospital sector On 14 July 2023, the Belgian Competition Authority confirmed its jurisdiction to review M&A transactions between hospitals, regardless of whether these hospitals belong to the same hospital network. 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. 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Stibbe advises KLM and Martinair Representing KLM and its subsidiary Martinair in antitrust damage litigation in what is alleged to be Europe's largest ever cartel damage claim.
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.
Court of Appeal overturns first instance judgment and establishes that several prestressing steel producers are liable for the potential loss alleged by Deutsche Bahn The Court of Appeal of 's-Hertogenbosch ruled that several producers of prestressing steel are jointly and severally liable for potential loss that Deutsche Bahn may have suffered as a result of an infringement of competition law rules.
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.
Verticale prijsbinding: handhaving, boetes en schadeclaims We bespreken de wijze waarop bedrijven hun afnemers ongeoorloofd dwingen tot het rekenen van minimumprijzen en waarom dat niet mag. De ACM handhaaft streng en leveranciers kunnen rekenen op hoge boetes en schadeclaims van gedupeerde consumenten.
You win some, you lose some: Google AdSense decision annulled The General Court has annulled the EUR 1.49 billion fine imposed on Google. The Commission had failed to properly assess the allegedly abusive contractual clauses related to online advertising, including whether they actually had a lock-in effect.
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.
Sharing is caring? Commission can take over NCA probe The EU case cooperation mechanism does not create any rights for companies to have their case dealt with by a particular competition authority. Companies should therefore factor the dynamics of this cooperation mechanism into their defence strategies.
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.
EU Compass: Boosting competitiveness as North Star Are ‘European champion’ companies walled off from unfair (foreign) competition the future? The European Commission recently presented its Competitiveness Compass to navigate the European Union to strengthened competitiveness.
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.
Belgian Competition Authority confirms jurisdiction for M&A transactions in hospital sector On 14 July 2023, the Belgian Competition Authority confirmed its jurisdiction to review M&A transactions between hospitals, regardless of whether these hospitals belong to the same hospital network.
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.