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Successful challenges to merger decisions seem to be the exception

The General Court recently confirmed the high degree of discretion enjoyed by the European Commission in the context of merger control decisions, particularly with respect to assessments of an economic nature.

Low prices, high fines: Commission's creative purchase cartel fine upheld

Companies should take note that the European Commission will deviate from its own general fining methodology if a particular case calls for it. The General Court recently upheld the Commission's novel fining approach in regard of a purchase cartel.

Still standing: annulled Commission decision remains in force for non-appellant

Steel producer Lucchini's claim for reimbursement of a EUR 14 million fine, on the basis that the decision was annulled on appeal from other parties, was recently rejected by the General Court.

Stibbe advises Investcorp

Stibbe advises Investcorp, a leading global manager of alternative investments, on the sale of SecureLink, one of the largest dedicated cybersecurity infrastructure and managed services providers in Europe, to global telecoms group Orange.

ACM launches probe into Apple's App Store

The Dutch Authority for Consumers and Markets (ACM) has announced that it is opening an  investigation into whether Apple abuses the position it has attained with its App Store. The investigation will initially focus on news apps.

Dutch Trade and Industry Appeals Tribunal upholds appeal and confirms fines on taxi companies

The Trade and Industry Appeals Tribunal (CBb) recently overturned two judgments of the Rotterdam District Court and confirmed the fines imposed on two taxi firms.

Report on competition law's digital future: time for (r)evolution?

Do we need a revolution in competition rules to keep up with digital developments such as online platforms, data-sharing and 'killer acquisitions', or will a more natural evolution suffice?

Financial sector remains on the antitrust radar: the report on loan syndication is out

The European Commission recently published a report it had commissioned to examine the market dynamics and potential antitrust risks related to loan syndication.

Double-check your merger info - or face significant fines for inaccuracies

Failing to submit complete and accurate information to the European Commission during a merger investigation can have costly consequences.

Qualcomm loses General Court battle over request for information

The General Court (GC) recently rejected Qualcomm's appeal against a Commission decision requesting information. The Commission's request was presented to the company after the issuance of a statement of objections.

European Court of Justice: principle against double jeopardy does not preclude dual fines

The European Court of Justice recently confirmed that a national competition authority can impose a single fine on a company for infringements of both national and EU competition law without violating the principle against double jeopardy.

Hoogste Europese rechter bevestigt dat overheden onrechtmatige staatssteun proactief moeten terugvorderen

De maand maart 2019 zal vermoedelijk de juridisch handboeken ingaan als een historische maand voor het mededingings- en staatssteunrecht. Niet alleen deed het Hof van Justitie een baanbrekende uitspraak op het gebied van het verhaal van kartelschade.

General Court sends Commission back to drawing board in Belgian tax rulings case

The European Commission has suffered its first court defeat in a tax rulings case. The General Court recently overturned an order to recover over EUR 700 million worth of tax breaks from 55 beneficiaries.

Buckle up: the ACM is racing ahead with speedy solutions and more fines

The Dutch competition watchdog ACM will bite faster and fiercer, according to its new chairman Martijn Snoep. The ACM plans to shorten the length of its investigations by deciding on their merits sooner.

Stibbe advises SurveyMonkey

Stibbe advises SurveyMonkey on the acquisition of Usabilla for an amount of approximately $80 million.

Stibbe advises KKR

Stibbe advises KKR on the acquisition of Exact Software from Apax Partners.

Stibbe advises PostNL

Stibbe advises PostNL on the acquisition of Sandd for an enterprise value of EUR 130 million.

Brexit and data protection: preparing for a 'no-deal'

As it stands, the UK will exit the European Union at midnight on 29 March 2019. Therefore, businesses within the UK, or with trade relations with the UK, would be best advised to assume that a no-deal Brexit is inevitable. 

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