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To Prove or Presume? The EC’s Draft Guidelines on exclusionary abuses

The Commission recently published its Draft Guidelines on Exclusionary Abuses of Dominance, which are meant to reflect the EU case law. However, they seem to deviate on important aspects, arguably simplifying the assessment for establishing an abuse.

FDI screening guidance: shedding some light in the darkness

The Dutch general investment screening regime came into effect in June 2023. Decisions are not yet publicly available. However, three guidance papers list the practical experience gained so far and help to assess whether a transaction is notifiable.

Settlement procedure and fine for vertical price fixing in Belgium

The Belgian Competition Authority imposed a fine of €490,112 on Le Creuset for vertical price fixing (also known as resale price maintenance).

On repeat but louder: the ACM’s 2024 priorities

On 23 January 2024, the ACM announced its priorities for 2024. The energy transition, the digital economy and sustainability are still on the ACM’s priority list, but now with better-equipped enforcement methods available.

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.

New EU regulation of loan origination by funds

What funds providing debt finance in the EU need to know about new EU rules for loan origination funds.

Commission steers market definition to the 21st century

Companies have a new and improved tool for the competitive assessment of their conduct and intended acquisitions. The European Commission has updated its guidance on how to define relevant markets for the purpose of EU competition law enforcement.

De impact van de AMLR op financiële instellingen

Soeradj Ramsanjhal onderzoekt de impact van de nieuwe anti-witwasverordening (AMLR) op financiële instellingen in Nederland.

Belgian court approves sale of television rights despite no call for tenders

The Brussels Commercial Court ruled on 18 December 2024 that the sale of cycling television rights in Belgium did not violate EU competition rules despite the lack of a formal tender procedure.

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.

The ACM hits the ground running in its 2025 priorities

The ACM will, possibly as a prelude to an upcoming New Competition Tool, launch market investigations into five sectors. Companies are well-advised to prepare for upcoming market investigations and potential solutions for identified market failures.

Stibbe advises Investindustrial on CEME’s EUR 427 million notes offering and revolving credit facility deal

Stibbe advised Investindustrial in relation to the issuance by its portfolio company CEME, the entry into a new revolving credit facility, and the related security documentation for this transaction.

ACM rolls the dice on roll-up strategies

For the first time, the Dutch Authority for Consumers and Markets conducted a merger review involving a ‘roll-up strategy’. The outcome of another roll-up strategy merger assessment is pending.

Wetgevingsbrieven 2024 van de AFM en DNB

Ingrid van der Klooster bespreekt de jaarlijkse wetgevingswensen van de Autoriteit Financiële Markten (AFM) en De Nederlandsche Bank (DNB), zoals opgenomen in hun wetgevingsbrieven van 2024.

Stibbe assisted AccorInvest Group S.A.

Stibbe assisted AccorInvest Group S.A. with all Luxembourg legal aspects linked to its inaugural bond issue for a nominal amount of €750 million, with a five-year maturity and a fixed coupon of 6.375%.

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.

The EU Green Claims Directive

The EU's proposed Green Claims Directive has emerged as a potential new framework aiming to tackle greenwashing and help consumers make greener choices when purchasing a product or using a service. 

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