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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.

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.

In its latest market watch, the AFM places a spotlight on notifications of substantial holdings and gross short positions in response to the ongoing public discourse on the issue.

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.

Market soundings are a tool for issuers and financial market participants to gauge investor interest in potential transactions before they are publicly announced. These interactions often involve sharing inside information as defined by the MAR.

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.

The Belgian Competition Authority has applied the Towercast case law in a first case in Belgium. It could possibly try do so again for certain hospital mergers that the legislator has recently exempted from merger filing in Belgium.

In April 2024, the European Parliament adopted the EU Listing Act. We discuss the removal of the obligation to immediately disclose an intermediate step in a protracted process that constitutes inside information under the Market Abuse Regulation.

Tom Verdonk has co-edited the book ‘Unfair Trading Practices in the Agricultural and Food Supply Chain’, recently published by Larcier-Intersentia.

The European Commission will review a transaction thanks to Italy’s call-in powers. Even though the broad interpretation of Article 22 EUMR is off the table, deals that do not meet standard EU and national merger thresholds may still need to be notified.