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Juge des cessations incompétent en cas de contournement des instances de recours spécifiques dans une législation particulière

Dans son arrêt du 17 octobre 2018, la Cour d’appel de Bruxelles a fixé une limite importante à la possibilité débridée d’introduire des actions en cessation.

Coups de fil mécontents = dénigrement ?

L’affaire concerne le litige entre G. et son (ancien) sous-traitant, qui a éclaté lorsque G. a mis fin au contrat pour des travaux déterminés. Le sous-traitant question aurait effectivement mis fin aux travaux.

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.

Stibbe advises ABN AMRO

Stibbe advises ABN AMRO on the sale of a majority stake in Stater to Infosys. 

Stibbe advises citizenM and its existing shareholders KRC and APG

Stibbe advises citizenM hotels and its existing shareholders KRC and APG on an agreement whereby GIC, Singapore’s sovereign wealth fund, will acquire a 25% stake in citizenM valuing the company at €2 billion.

European Parliament votes in favour of representative actions for consumers

On 26 March 2019 the European Parliament approved an amended version of the European Commission's proposal for a Directive on representative actions for the protection of collective interests of consumers, following a debate on 25 March 2019.

Foreign Direct Investment Screening in the EU

On 21 March 2019, Regulation 2019/452/EU was published providing for a framework for the screening of foreign direct investments into the European Union and its Member States. This Regulation shall apply from 11 October 2020.

Stibbe advises Panda Green Energy

Stibbe assisted Panda Green Energy, formerly known as United Photovoltaics Group, with the Luxembourg aspects of the sale of six UK solar farms, with a combined capacity of about 82.5MW, to Greencoat Solar.

15 aspects of Brexit you did not know

A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario.

General Court leaves door ajar for pharma companies in the Servier-case

On 12 December 2018, the General Court partly annulled the Commission's decision to fine drug manufacturer and originator company Servier and five generic companies in a reverse payment patent settlement case.

Walking the tightrope between data protection and EU investigations

Two recent publications confirm that it is possible for companies to cooperate with a European Commission investigation and still comply with the data protection rules.

General Court dismisses Canal+ appeal against pay-TV commitment decision

The General Court recently dismissed the appeal brought by Canal+ against the decision of the European Commission making the commitments of Paramount legally binding.

Partial fine reduction for Deutsche Telekom and Slovak Telekom for abuse of dominance

The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices.

Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice

Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment.

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