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In 2019, Belgium introduced legislation banning abuse in relationships between companies where there is no dominant position, but rather a position of economic dependence. The act entered into force on 22 August 2020.

Consumers often rely on online reviews to decide what bike to buy, where to eat or what article to read. But what if those reviews are fake? New Dutch rules were announced on 23 October 2020 seeking to ensure a higher level of consumer protection online.

The Commission should think twice before conducting a dawn raid. The General Court partially annulled three Commission decisions ordering dawn raids at the premises of French supermarkets for a lack of sufficiently strong evidence.

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’.

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.

In a groundbreaking judgment, the Belgian Supreme Court (Court of Cassation) states that the investigating judge may order a suspect to provide the access code of his mobile phone. Hans Van Bavel and Charlotte Conings shed a light on the judgment.

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.