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ACM jumps on gun-jumping bandwagon

Companies involved in multi-step acquisitions should beware of potential gun-jumping risks. The ACM has fined a trade association for failing to notify the acquisition of four pharmacies involving a consecutive partial resale.

ECJ in Bpost and Nordzucker: clearer limits for non bis in idem

On 22 March 2022, the European Court of Justice (ECJ) offered companies investigated for the same conduct by several authorities clarity on the core principles of the application of the non bis in idem (double jeopardy) protection.

The ECN+ Directive implemented in Belgium and introduction of merger filing fees

On 7 March 2022, the Act implementing the ECN+ Directive into Belgian law was published in the Belgian Official Gazette. The Act entered into force on 17 March 2022.

Stibbe advises The Hague, Staedion and Heijmans

Stibbe advises the Municipality of The Hague, Housing Association Staedion, and Heijmans on a major inner city restructuring in The Hague area, consisting of the (re)development of 5,500 houses, commercial real estate and public areas.

De Dataverordening (“Data Act”)

De Europese Commissie heeft op 23 februari 2022 de Europese dataverordening (“Data Act”) voorgesteld, die het delen van data beoogt te bevorderen. Steeds meer gegevens worden door mensen en machines gegenereerd, bewaard en hergebruikt.

Sustainability solutions sussed out soon

More antitrust clarity has arrived for companies involved in sustainability collaborations. The EC published draft revised rules on horizontal cooperation agreements and the ACM informally approved two green initiatives in the energy sector.

Employers beware: final warning for “job cartels”

Only months after suspending an investigation into a possible wage-fixing cartel, the Dutch Authority for Consumers and Markets (ACM) has warned employers, employers’ organisations, and trade associations to not engage in no-poach agreements. 

Pfizer may be off the hook, but ACM pharma supervision continues

Pharma companies beware: discount schemes by former patent owners raise red flags at competition authorities.

Duality on dual distribution resolved?

Nothing is more fickle than information exchange: it changes colour under EU competition rules depending on the nature of the relationship between the exchanging companies.

Digital Law Up(to)date: The European Commission publishes the draft of the Data Act

On 23 February 2022, the European Commission published its draft Data Act, i.e. a proposal for a regulation on harmonised rules on fair access to and use of data. The text is part of the European strategy for data launched by the Commission in 2020.

Getting the Deal Through – Cartel Regulation 2022

Roos Elemans, Stijn de Jong and Kaj Privé contributed to Getting the Deal Through – Cartel Regulation 2022. In their publication, they discuss important issues that apply to cartel regulation in the Netherlands.

Digital Law Up(to)date: The EDPS claims Pegasus might lead to an unprecedented level of intrusiveness

On 15 February 2022, the European Data Protection Supervisor published Preliminary Remarks on Modern Spyware. In fact, this document directly targets the Pegasus spyware developed by an Israeli company. 

Digital Law Up(to)date: Interesting points in a DPA decision based on a cross-border complaint relating to cookies

The Belgian Data Protection Authority published an interesting decision of its Litigation chamber. The content of the decision is not completely new, but it provides (or recalls) some relevant elements for personal data practitioners.

Digital Law Up(to)date: Belgian DPA fines NGO and researcher for GDPR violations regarding the political profiling of tweets

The Belgian DPA fined an NGO and a researcher both active in the fight against disinformation for violating GDPR provisions.

Digital Law Up(to)date: The cookie consent framework of IAB Europe violates the GDPR

On 2 February 2022, the Belgian Data Protection Authority considered that the Transparency and Consent Framework (TCF) developed by Interactive Advertising Bureau Europe (IAB) violates the GDPR.

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

Belgium Billiard ball association’s exclusive sponsoring contracts with suppliers of billiard products infringes competition law

A Belgian enterprise Court decided that the Belgian Billiard Association is an undertaking for competition law purposes to the extent that it organises billiard tournaments.

Belgian Competition Authority approves merger between Port of Antwerp and Port of Zeebrugge

By decision of 7 January 2022, the Belgian Competition Authority approved the merger between the Port of Antwerp and the Port of Zeebrugge. This merger deals with two important ports in Europe, in particular in the Hamburg – Le Havre range.

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