29 results 2022: the big reveal of 2021’s competition law promises 2021 was riddled with sneak previews of a “review of competition policy tools with unprecedented scope and ambition”. Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure. European Commission publishes major anti-money laundering legislative proposals On 20 July 2021, the European Commission presented a new legislative package containing significant changes to the applicable anti-money laundering and anti-terrorism financing regime. Second time lucky: Intel’s EUR 1.06 billion loyalty rebate fine quashed Intel’s second round at the General Court was significantly more successful than its first. In the first round, the General Court had failed to analyse whether the loyalty rebates at issue were capable of restricting competition. In the second round, afte Take note(s): Qualcomm’s EUR 1 billion dominance abuse fine quashed The General Court annulled the Commission’s EUR 1 billion fine imposed on Qualcomm for abuse of dominance on the LTE chipsets market. Implementation of new AML Directive and new list of high-risk countries After discussions in the Dutch Parliament leading to a late implementation of the amendment of the fourth anti-money laundering and anti-terrorism financing directive, the Dutch implementation will most likely be in force before 18 May 2020. In addition, EU competition policy agenda: full to the brim The European Commission’s competition policy agenda stretches to 2024 and contains plans for many new or revised rules and guidelines. 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. European Court of Justice clarifies the application of choice of forum clauses in competition damages claims On 24 October 2018, the European Court of Justice ruled that a choice of forum clause in a contract between Apple and eBizcuss, a former reseller of Apple products, may apply to abuse of dominance claims. A problem shared is a problem halved: fine reduction and fine liability are correlated Companies should beware that when held jointly responsible for a cartel infringement, a fine reduction granted to one of them could affect the joint and several liability of fines allocated to the remaining companies. CDC/Kemira: Amsterdam Court of Appeal applies European principle of effectiveness to limitation periods In a private enforcement case brought by CDC against Kemira, the Amsterdam Court of Appeal applies the European principle of effectiveness and rules that claims are not time-barred under Spanish, Finnish and Swedish law. ECJ answers preliminary questions on jurisdiction in cartel damage case On 29 July 2019, the ECJ handed down a preliminary ruling concerning jurisdiction in follow-on damages proceedings in what is termed the trucks cartel. ECJ accepts carve-out Italy in Commission’s Amazon Buy Box investigation The EU Court of Justice dismissed Amazon’s claim that the exclusion of Italy from the European Commission’s investigation into its Buy Box feature deprived Amazon of its protection against a parallel investigation by the Italian competition authority. European Court of Justice plays hardball in Sports rulings The rulings by the European Court of Justice (ECJ) on the discretionary powers of international sports associations to authorise alternative competitions show that the specifics of sports are no reason to tread lightly when applying EU competition rules. Environmental and financial worlds meet in the “E” of ESG Developments in the environmental and financial worlds may appear to be at first sight completely separate from each other. In this blog post, we will explain why this no longer applies in 2021. 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. 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. 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. Pagination Current page 1 Page 2 Next page
2022: the big reveal of 2021’s competition law promises 2021 was riddled with sneak previews of a “review of competition policy tools with unprecedented scope and ambition”.
Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure.
European Commission publishes major anti-money laundering legislative proposals On 20 July 2021, the European Commission presented a new legislative package containing significant changes to the applicable anti-money laundering and anti-terrorism financing regime.
Second time lucky: Intel’s EUR 1.06 billion loyalty rebate fine quashed Intel’s second round at the General Court was significantly more successful than its first. In the first round, the General Court had failed to analyse whether the loyalty rebates at issue were capable of restricting competition. In the second round, afte
Take note(s): Qualcomm’s EUR 1 billion dominance abuse fine quashed The General Court annulled the Commission’s EUR 1 billion fine imposed on Qualcomm for abuse of dominance on the LTE chipsets market.
Implementation of new AML Directive and new list of high-risk countries After discussions in the Dutch Parliament leading to a late implementation of the amendment of the fourth anti-money laundering and anti-terrorism financing directive, the Dutch implementation will most likely be in force before 18 May 2020. In addition,
EU competition policy agenda: full to the brim The European Commission’s competition policy agenda stretches to 2024 and contains plans for many new or revised rules and guidelines.
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.
European Court of Justice clarifies the application of choice of forum clauses in competition damages claims On 24 October 2018, the European Court of Justice ruled that a choice of forum clause in a contract between Apple and eBizcuss, a former reseller of Apple products, may apply to abuse of dominance claims.
A problem shared is a problem halved: fine reduction and fine liability are correlated Companies should beware that when held jointly responsible for a cartel infringement, a fine reduction granted to one of them could affect the joint and several liability of fines allocated to the remaining companies.
CDC/Kemira: Amsterdam Court of Appeal applies European principle of effectiveness to limitation periods In a private enforcement case brought by CDC against Kemira, the Amsterdam Court of Appeal applies the European principle of effectiveness and rules that claims are not time-barred under Spanish, Finnish and Swedish law.
ECJ answers preliminary questions on jurisdiction in cartel damage case On 29 July 2019, the ECJ handed down a preliminary ruling concerning jurisdiction in follow-on damages proceedings in what is termed the trucks cartel.
ECJ accepts carve-out Italy in Commission’s Amazon Buy Box investigation The EU Court of Justice dismissed Amazon’s claim that the exclusion of Italy from the European Commission’s investigation into its Buy Box feature deprived Amazon of its protection against a parallel investigation by the Italian competition authority.
European Court of Justice plays hardball in Sports rulings The rulings by the European Court of Justice (ECJ) on the discretionary powers of international sports associations to authorise alternative competitions show that the specifics of sports are no reason to tread lightly when applying EU competition rules.
Environmental and financial worlds meet in the “E” of ESG Developments in the environmental and financial worlds may appear to be at first sight completely separate from each other. In this blog post, we will explain why this no longer applies in 2021.
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.
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.
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.