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The European Court of Justice has confirmed that the essential facilities test is limited to ‘pure’ access cases. Infringement of a regulatory access obligation must be assessed under the general framework for abuse of dominance.

St. Farma ter Verantwoording startte een collectieve actie tegen fabrikant AbbVie wegens het hanteren van een excessieve prijs voor het medicijn Humira. De rechtbank Amsterdam oordeelt echter dat de stichting onvoldoende belang heeft bij de vorderingen.

Foreign entities are often sued in the Netherlands on the basis of the ‘anchor defendant’ construction.

Buitenlandse partijen worden vaak in Nederland gedagvaard via de "ankergedaagde"-constructie.

The Belgian screening mechanism for FDIs will enter into force on 1 July 2023. The mechanism is designed to safeguard Belgium's critical infrastructure and to protect sectors crucial to Belgium's public order, national security and strategic interests.

On 20 February 2025, the Belgian Supreme Court confirmed that under Belgian law an abuse of economic dependence may be found even in a situation where there is no contractual relationship between the companies involved.

The CJEU decision in the National Orchestra of Belgium decision shakes up employer copyright in the Netherlands. With new consent and compensation requirements, are your employment contracts still airtight? Discover the implications of the decision here.

Crystal ball gazing into prospective innovation rat races when assessing vertical mergers may soon be all in a day’s work for the European Commission. Innovation was a recurring theme in the Commission’s handling of the Illumina/Grail deal.

Dominant pharma companies had better watch their words and use the patent system wisely. Pharma company Teva was fined EUR 462.6 million for disparagement and ‘divisional gaming’ to delay market entry and hinder the uptake of a competing drug.

Patent settlement agreements between originator pharmaceutical companies and generics manufacturers are a risky business. Originator medicine company Servier and five generic companies rolled the dice and the ECJ largely confirmed their antitrust fines.

Companies have a new and improved tool for the competitive assessment of their conduct and intended acquisitions. The European Commission has updated its guidance on how to define relevant markets for the purpose of EU competition law enforcement.