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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.

Stibbe represents Heineken

Stibbe acts as defence counsel for Heineken and its subsidiary Athenian Brewery in an action for damages brought by Vergina, a competitor on the Greek market, before the Amsterdam District Court.

District Court rules on the preliminary defences in CRT case

On 29 November 2017, the District Court of East-Brabant ruled in four separate judgments on preliminary defences raised by defendants in damages claims brought by various Brazilian claimants in relation to the alleged cartel in cathode ray tubes (CRT).

District Court Amsterdam rules real estate platform Funda did not abuse its dominant position

On 21 March 2018, the District Court of Amsterdam delivered its judgment in a dispute between two real estate associations (VBO Makelaars and NVM) over the online platform of Funda Real Estate (Funda).

First Dutch excessive pricing case in pharma may be expected soon

On 7 March 2018, the president of the Dutch Authority for Consumers and Markets (ACM) together with two colleagues published a paper concerning the application of the competition rules in the pharmaceutical industry.

Stibbe advises DeepOcean Group on its restructuring

Stibbe is advising the DeepOcean group on its restructuring. The case involves the first use of the new “cross-class cram-down” mechanism under Part 26A of the UK Companies Act 2006.

Het Besluit stikstofreductie en natuurverbetering is ter consultatie gegaan

De minister van LNV had er verschillende oppositiepartijen voor nodig, maar het is haar gelukt: begin december 2020 werd bekend dat er voldoende steun is voor de Wet stikstofreductie en natuurverbetering (ook wel: de stikstofwet, of de “Wsn”).

The Dutch scheme – Classes and voting

The Act on confirmation of private restructuring plans – which introduces a framework allowing debtors to restructure their debts outside formal insolvency proceedings (termed the “Dutch Scheme“) – was adopted by the Dutch Senate on 6 October 2020.

ACM study calls for regulation of Big Techs on payment market

The ACM’s market study, published on 1 December 2020, provides an overview of recent and upcoming developments concerning the role of Big Tech companies in both online and offline payment markets in the Netherlands.

Do the math: ACM publishes strategy on monitoring use algorithms

The ACM worries that the use of algorithms may lead to the creation of cartels, or nudge consumers towards a purchasing decision that is not in their best interest.

Amsterdam District Court puts a halt to unlimited forum shopping

On 25 November 2020, the Amsterdam District Court (the Court) declined jurisdiction over all non-Dutch defendants (the foreign defendants) in proceedings for compensation of damage based partly on an infringement of Article 101 TFEU.

Commission evaluates Antitrust Damages Directive: to be continued

On 14 December 2020, the Commission published a report on the implementation of the Antitrust Damages Directive (the Directive). The Commission observes a significant increase in antitrust damages actions since the adoption of the Directive.

(Geo)blockbuster: Canal+ ruling annuls commitment decision

A heads-up for companies seeking to settle in antitrust proceedings: commercially-affected third party complainants are not to be ignored.

Restructuring and Insolvency in the Netherlands

Dutch insolvency law is constantly evolving. In their article in GRR’s Europe, Middle East and Africa Restructuring Review 2020, Sophie Beerepoot addresses a few topics and discuss their relevance for national and foreign debtors.

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