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Walking the tightrope between data protection and EU investigations

Two recent publications confirm that it is possible for companies to cooperate with a European Commission investigation and still comply with the data protection rules.

General Court dismisses Canal+ appeal against pay-TV commitment decision

The General Court recently dismissed the appeal brought by Canal+ against the decision of the European Commission making the commitments of Paramount legally binding.

Partial fine reduction for Deutsche Telekom and Slovak Telekom for abuse of dominance

The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices.

Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice

Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment.

Guess what, online branding restrictions are on the Commission's radar

Companies are probably aware of the Commission's eagerness to clamp down on online resale price maintenance and geo-blocking restrictions. The recent fine for vertical restraints by clothing company Guess marks a new dot on the Commission's radar.

Stibbe advises Aedifica

Stibbe advised Aedifica on the acquisition of a healthcare residence for the elderly in Franeker (Friesland).

Kroniek van het Europese Aanbestedingsrecht

Deze jaarlijks verschijnende kroniek vat een aantal belangrijke uitspraken samen die door het Europese Hof van Justitie (Hof) zijn gewezen op het gebied van het aanbestedingsrecht in de tweede helft van 2017 en de eerste helft van 2018. Kronieken van voor

Brush up and avoid dawn raid drama - the clock is ticking

There is no time like the present for companies to give their staff an opportunity to brush up on their responsibilities so they know what to do during dawn raids.

Pharmaceutical companies beware: excessive pricing enforcement is thriving

On 28 November 2018, the Organization for Economic Cooperation and Development (OECD) held a discussion on excessive pricing by pharmaceutical companies, which is a hot topic in enforcement practice throughout Europe.

Stibbe advises APG and a joint venture partner

Stibbe advises APG and a joint venture partner on the acquisition of an approximate 33% interest in HHR Euro C.V. from their joint venture partner Host Hotels & Resorts Inc.

Stibbe advises SEGRO

Stibbe advised SEGRO on the conclusion of a new long-term lease with DHL Express for two units at SEGRO Park Amsterdam Airport in Hoofddorp comprising 3,500 m².

European Court of Justice clarifies the application of choice of forum clauses in competition damages claims

On 24 October 2018, the European Court of Justice ruled that a choice of forum clause in a contract between Apple and eBizcuss, a former reseller of Apple products, may apply to abuse of dominance claims.

ACM bound by its own rules during dawn raids

Companies are well advised to carefully read the 2014 Procedure for the inspection of digital data (2014 Procedure) before the Dutch Authority for Consumers and Markets (ACM) comes knocking.

Rotterdam District Court rules on follow-on damages claim in relation to Dutch bitumen cartel

The Rotterdam District Court recently clarified that the date of news coverage of a European Commission dawn raid will not set off the limitation period for a cartel damages claim if it is not clear to the potential cartel victim that [...].

A problem shared is a problem halved: fine reduction and fine liability are correlated

Companies should beware that when held jointly responsible for a cartel infringement, a fine reduction granted to one of them could affect the joint and several liability of fines allocated to the remaining companies.

Franchise argument in laundry cartel does not wash with Dutch court

Companies participating in a franchise agreement are advised to carefully assess possible competition law concerns, particularly if the franchisees are (potential) competitors.

Stibbe advises Technische Unie

Stibbe advises the largest technical wholesaler in the Netherlands, Technische Unie, on the finalisation of a turnkey purchase agreement with Borghese Logistics.

Stibbe acts as lenders' counsel on A24 Blankenburg connection project

Stibbe has advised the lenders providing finance to BAAK Blankenburg-Verbinding B.V., a consortium consisting of Ballast Nedam, DEME and Macquarie Capital, on reaching financial close in the A24 Blankenburg connection project.

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