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Philippe Campolini, Sophie Van Besien, Ignace Vernimme and Peter Wytinck authored the Belgian Chapter of the Pharmaceutical Intellectual Property and Competition Law Review. 

 

In order to help companies in these dire times of COVID-19, Belgium’s federal and regional governments have provided an arsenal of aid measures. Sophie Van Besien, Michèle de Clerck and Peter Wytinck provide an overview.

Minister de Jonge heeft op 7 april aangegeven in het kader van de maatregelen tegen het coronavirus de mogelijkheden te verkennen van het gebruik van apps voor een volgende fase van ‘testen, traceren en thuisrapportage’.

On 30 March 2020, the Dutch Minister of Economic Affairs and Climate Policy presented the ‘Government strategy on hydrogen’, detailing the government strategy and policy agenda on hydrogen.

The ACM will include the effects of mergers on labour conditions in its review. It will also investigate excessive pricing of prescription drugs.

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.

On 28 January 2020, the Court of Appeal of Den Bosch issued a ruling in the Dutch prestressing steel litigation.

Companies should keep a careful record of which documents the Belgian Competition Authorities seize during a dawn raid.

Companies beware: the ACM may not need to specify the scope of its investigation into suspected cartel infringements in as much detail as expected.

In its first pay-for-delay case, the ECJ has clarified the criteria determining whether settlement agreements between a patent holder of a pharmaceutical product and a generic manufacturer may have as their object or effect to restrict EU competition law.

Op 13 november 2019 is de Wet zorgplicht kinderarbeid in het Staatsblad gepubliceerd.

What should be done if a stakeholder makes a request to the government for enforcement to rectify violations in a scenario where the offender does not have full power to comply because of a reliance on third parties?

On 20 July 2018, the Court of Appeal of Gelderland published another interim judgment in the ongoing proceedings between TenneT, the grid operator in the Netherlands, and ABB in relation to the gas insulated switchgear (GIS) infringement.

On 27 June 2018, the District Court of East-Brabant ruled on the limitation periods of a damages claim brought by Vestel in relation to the alleged cathode ray tubes (CRT) cartel.

On 16 July 2018, the European Commission adopted a new Best Practices Code for State aid control. With this code the Commission aims to provide clarity to Member States, businesses and stakeholders about the day-to-day conduct of State aid procedures.

On 12 July 2018, the General Court dismissed the appeals against the fines imposed by the European Commission in the power cable cartel.

On 25 July 2018, the European Court of Justice rejected Orange Polska's appeal relating to a European Commission decision finding an abuse of dominance on the Polish wholesale broadband market.