75 results Abuse: an access request you can’t refuse? 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. The ACM’s priorities in 2023: the energy transition, digitalisation, and sustainability On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions. Stibbe Brussels reinforces Public Law and EU/Competition Law practices with two Counsel appointments Stibbe Brussels has promoted Sophie Adriaenssen to Counsel in its Public Law practice group and has welcomed Quentin Declève as Counsel in its EU/Competition Law practice. The appointments are effective as per 1 January 2023. Competition law developments in 2022 While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent. Levelling the playing field in 2023: new tools and hurdles While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent. Foreign investment developments in 2022 2022 marks the second year of the EU Foreign Direct Investment (FDI) Regulation, and the year in which legislators haven been busy shaping the Dutch national security screening regime and the EU Foreign Subsidies Regulation. Announcement of amendments to draft bill to exclude RETT concurrence exemption for share deals The Dutch government announced that the draft legislative proposal to exclude the application of the RETT concurrence exemption on the acquisition of a qualifying share interest in companies owning newly developed real estate will be amended. Commission publishes PSD3 and PSR Proposal; a tightening of the regulation of payment services providers in the EU On June 28, 2023, the European Commission published a set of new legislative proposals, including PSD3, aimed at ushering in the digital era for payments and the broader financial sector, with a particular focus on consumers. Guidelines vs Guidance: exclusionary abuse Guidelines due by 2025 The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance. The impact of geopolitical developments on transactions: a tangled web of rules and hurdles Where is the line between openness and protectionism in the European single market? At both EU and national level, more and more protective barriers against foreign investors and acquirers have been created in the international competition. The vertical fight continues: two more cases on vertical restraints Companies should not take competition rules lightly in their supply relationships. The EU General Court's Valve judgment and the ACM's LG decision illustrate the consistent attention to vertical restraints. Developments in DMA land: EU tags Big Tech as first Gatekeepers The European Commission has designated six Tech Giants (Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft) as gatekeepers for 22 core platform services under the Digital Markets Act (DMA). The Foreign Subsidies Regulation – beware and get your data ready! Earlier this year, the Foreign Subsidies Regulation (FSR) entered into force to close a loophole in EU regulations aimed at creating a level playing field within the internal market. Draft bill published to exclude RETT concurrence exemption for share deals The Dutch government launched an online consultation on a draft bill to exclude the application of the RETT concurrence exemption as per 1 January 2024 in case of the acquisition of a share interest in companies owning newly developed real estate. 2023 Spring Memorandum includes several policy proposals for tax measures relevant for the Dutch real estate market The Dutch government published the annual Spring Memorandum on Friday 28 April 2023. In this blog post, the policy proposals for tax measures included in the Spring Memorandum that are relevant for real estate investments in the Netherlands are discussed. Competition law in 2024: putting theory into practice 2023 marked the near finale of the European Commission’s overhaul of its competition policy, leaving only a few loose ends to tie up in 2024/2025. It is now time to watch theory be put into practice by the competition authorities and at the courts. From Farm to Fairness: Unpacking the Dutch Unfair Trading Practices Act for the Agri-Food Supply Chain Since 2021, Dutch rules against unfair trading practices, which implemented an EU Directive, apply to business-to-business relationships in agri-food supply chains. Enforcement by the ACM, initially slow, is now intensifying. Preventing environmental damage through sustainable cooperation Following the EC’s Horizontal Guidelines, the ACM and CMA have also published updated guidance on sustainability agreements. The approaches adopted by the three authorities are largely similar, but leave room for divergent assessments in some respects. 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Abuse: an access request you can’t refuse? 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.
The ACM’s priorities in 2023: the energy transition, digitalisation, and sustainability On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions.
Stibbe Brussels reinforces Public Law and EU/Competition Law practices with two Counsel appointments Stibbe Brussels has promoted Sophie Adriaenssen to Counsel in its Public Law practice group and has welcomed Quentin Declève as Counsel in its EU/Competition Law practice. The appointments are effective as per 1 January 2023.
Competition law developments in 2022 While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent.
Levelling the playing field in 2023: new tools and hurdles While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent.
Foreign investment developments in 2022 2022 marks the second year of the EU Foreign Direct Investment (FDI) Regulation, and the year in which legislators haven been busy shaping the Dutch national security screening regime and the EU Foreign Subsidies Regulation.
Announcement of amendments to draft bill to exclude RETT concurrence exemption for share deals The Dutch government announced that the draft legislative proposal to exclude the application of the RETT concurrence exemption on the acquisition of a qualifying share interest in companies owning newly developed real estate will be amended.
Commission publishes PSD3 and PSR Proposal; a tightening of the regulation of payment services providers in the EU On June 28, 2023, the European Commission published a set of new legislative proposals, including PSD3, aimed at ushering in the digital era for payments and the broader financial sector, with a particular focus on consumers.
Guidelines vs Guidance: exclusionary abuse Guidelines due by 2025 The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance.
The impact of geopolitical developments on transactions: a tangled web of rules and hurdles Where is the line between openness and protectionism in the European single market? At both EU and national level, more and more protective barriers against foreign investors and acquirers have been created in the international competition.
The vertical fight continues: two more cases on vertical restraints Companies should not take competition rules lightly in their supply relationships. The EU General Court's Valve judgment and the ACM's LG decision illustrate the consistent attention to vertical restraints.
Developments in DMA land: EU tags Big Tech as first Gatekeepers The European Commission has designated six Tech Giants (Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft) as gatekeepers for 22 core platform services under the Digital Markets Act (DMA).
The Foreign Subsidies Regulation – beware and get your data ready! Earlier this year, the Foreign Subsidies Regulation (FSR) entered into force to close a loophole in EU regulations aimed at creating a level playing field within the internal market.
Draft bill published to exclude RETT concurrence exemption for share deals The Dutch government launched an online consultation on a draft bill to exclude the application of the RETT concurrence exemption as per 1 January 2024 in case of the acquisition of a share interest in companies owning newly developed real estate.
2023 Spring Memorandum includes several policy proposals for tax measures relevant for the Dutch real estate market The Dutch government published the annual Spring Memorandum on Friday 28 April 2023. In this blog post, the policy proposals for tax measures included in the Spring Memorandum that are relevant for real estate investments in the Netherlands are discussed.
Competition law in 2024: putting theory into practice 2023 marked the near finale of the European Commission’s overhaul of its competition policy, leaving only a few loose ends to tie up in 2024/2025. It is now time to watch theory be put into practice by the competition authorities and at the courts.
From Farm to Fairness: Unpacking the Dutch Unfair Trading Practices Act for the Agri-Food Supply Chain Since 2021, Dutch rules against unfair trading practices, which implemented an EU Directive, apply to business-to-business relationships in agri-food supply chains. Enforcement by the ACM, initially slow, is now intensifying.
Preventing environmental damage through sustainable cooperation Following the EC’s Horizontal Guidelines, the ACM and CMA have also published updated guidance on sustainability agreements. The approaches adopted by the three authorities are largely similar, but leave room for divergent assessments in some respects.