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ACM publishes position paper on market dominance by tech companies

On 1 February 2018, the Dutch Authority for Consumers and Markets (ACM) published a position paper setting out its strategy in relation to market dominance of internet and technology companies.

Stibbe advises NRGValue

Stibbe advises NRGValue on the sale of its 97 site Esso branded network in the Netherlands to EG Group.

Who is a consumer? The dynamic approach to the concept of 'consumer' under the Brussels I Regulation

On 25 January 2018, the European Court of Justice ("ECJ") rendered a preliminary ruling in a case between Austrian citizen Maximilian Schrems and online social network Facebook. The ruling is important for two reasons.

Court of Justice: Suppliers of luxury goods may prohibit their authorised distributors from selling on third party internet platforms

On 6 December 2017, the Court of Justice rendered its much anticipated judgment in a dispute between a supplier of luxury cosmetics (Coty) and one of its authorised resellers.

Court of Justice dismisses appeal by Telefónica on non-compete clause in telecoms transaction

On 13 December 2017, the Court of Justice dismissed the appeal brought by Telefónica against a judgment of the General Court (GC) regarding a non-compete agreement [see our July 2016 Newsletter].

Stibbe advises PostNL and ING

Stibbe advises PostNL and ING on the sale of their shares in book store chain Bruna to the Dutch publisher VBK (rebranded as Shared Stories Group).

Stibbe advises Heineken

Stibbe advises Heineken on its strategic partnership agreement with Sligro Food Group.

Stibbe advises the NVB

Stibbe advises the NVB (the Dutch Banking Association) following a “dawn raid” carried out by the European Commission at the premises of the Dutch Banking Association in October 2017.

UK Court upholds fine against Ping for online sales ban

On 7 September 2018, the UK Competition Appeal Tribunal (CAT) upheld the UK Competition and Market Authority's (CMA) decision fining Ping Europe Limited, a manufacturer of golf clubs, for violating EU and UK competition law.

Court of Justice refers case against Infineon in relation to smart card chips cartel back to the General Court

On 26 September 2018, the European Court of Justice partially set aside the judgment of the General Court in the smart card chips cartel case.

District Court of Amsterdam rules on requests for pre-procedural hearings

On 29 March 2018, the District Court of Amsterdam ruled on requests for pre-procedural hearings in relation to the alleged infringements in the two separate cases of Trucks and CRT.

European Commission imposes record fine on Altice for premature implementation of PT Portugal acquisition

On 24 April 2018, the European Commission announced that it had imposed a fine of EUR 124.5 million on Altice for acquiring control of PT Portugal before clearance by the Commission ('gun-jumping').

Germany did not err in extraditing an Italian citizen to the US for a competition law infringement

On 10 April 2018, the European Court of Justice ruled that Germany did not breach EU law by extraditing an Italian citizen to the United States for a competition law infringement.

District Court of Amsterdam declines jurisdiction in competition law damages case

On 9 May 2018, the District Court of Amsterdam declined to accept jurisdiction over Athenian Brewery (AB), a Greek subsidiary of Heineken, in a civil case brought by competitor Macedonian Thrace Brewery (MTB).

European Commission must reassess Lufthansa's request to waive merger commitments

On 16 May 2018, the General Court partially annulled the European Commission's rejection of Lufthansa's request to waive pricing commitments it had given when it acquired Swiss International Air Lines (Swiss) in 2005.

European Court of Justice rules EY did not violate stand-still obligation in Danish merger

On 31 May 2018, the European Court of Justice ruled that Ernst & Young (EY) did not illegally implement the acquisition of KPMG Denmark (KPMG DK) before obtaining antitrust clearance.

Stibbe advises HKS Metals

Stibbe advised HKS Metals on the acquisition of Van Dalen Recycling. HKS Metals is the largest metal recycling company in the Netherlands and part of TSR/Remondis.

Stibbe advises Smurfit Kappa

Stibbe is advising Smurfit Kappa on the acquisition of Reparenco for approximately €460 million.

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