115 results 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. Brussels-Capital Region limits the indexation of retail leases as of 22 December 2022 On 21 December 2022, an ordinance regulating the limitation of the indexation of retail leases in the Brussels-Capital Region was published in the Belgian Official Gazette. Key developments in sustainability claims in 2022 In 2022, the ACM and the European Commission put the spotlight on the accuracy of companies’ sustainability claims. Notably, the ACM published several market studies and adopted commitment decisions concerning allegedly misleading sustainability claims. Dutch Supreme Court rules that refurbishment of former woolen fabrics factory into retail center resulted in 'essentially new constructed real estate' for VAT purposes On Friday 11 November 2022 the Dutch Supreme Court ruled that the refurbishment of a former woolen fabrics factory into a retail centre resulted in ‘essentially new constructed real estate’ (in wezen nieuwbouw) for Dutch VAT purposes. French supermarket dawn raids down the drain On 9 March 2023, the European Court of Justice (ECJ) ruled that the European Commission should properly record interviews if they are used to gather information regarding the subject matter of the investigation. Dawn raid drama: bycatch and data rooms Beware of the fine line in antitrust investigations between illegal fishing expeditions and accidental discoveries pointing at a separate antitrust infringement. 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. Solace for companies seeking guidance on sustainability agreements Now that the European Commission adopted the revised Horizontal Guidelines (HGs), including the new chapter on sustainability agreements, companies wishing to set up sustainability initiatives finally have more certainty on the applicable guidance. 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. Supreme Court clarifies rent reductions for catering and retail businesses during corona period On 24 December 2021, the Supreme Court ruled on the preliminary questions of the District Court of Limburg. Dominant firm may refuse to supply retailer after initial delivery The Brussels Court of Appeal has held that a dominant producer firm may have valid reasons to refuse further supplies to a retailer, despite its dominance and despite previous deliveries. Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance. Amsterdam Court of Appeal rules on the applicable law to air freight cartel damages claims On 6 July 2021, the Amsterdam Court of Appeal had to decide whether the pragmatic approach of the Amsterdam District Court, which had applied Dutch law to all air freight cartel damages claims, could be upheld. CJEU clarifies jurisdiction for follow-on damage claims The Court of Justice of the European Union recently further clarified which courts within the EU have jurisdiction to hear follow-on damage claims. Court rules ACM can use accidental evidence found in dawn raids While skimming through employees’ chat conversations and e-mails, it is not uncommon for competition authorities to stumble across other potential antitrust violations, separate from the initial scope of the search. Sustainability solutions sussed out soon More antitrust clarity has arrived for companies involved in sustainability collaborations. The EC published draft revised rules on horizontal cooperation agreements and the ACM informally approved two green initiatives in the energy sector. Stibbe advises Patrizia Stibbe advised Patrizia on behalf of its pan-European residential fund “Living Cities” on the acquisition from Besix RED of Evenepoel Properties SA who owns the Viridis project. Besix RED will ensure the turnkey development until completion. Pagination Current page 1 Page 2 Page 3 Page 4 Next page
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.
Brussels-Capital Region limits the indexation of retail leases as of 22 December 2022 On 21 December 2022, an ordinance regulating the limitation of the indexation of retail leases in the Brussels-Capital Region was published in the Belgian Official Gazette.
Key developments in sustainability claims in 2022 In 2022, the ACM and the European Commission put the spotlight on the accuracy of companies’ sustainability claims. Notably, the ACM published several market studies and adopted commitment decisions concerning allegedly misleading sustainability claims.
Dutch Supreme Court rules that refurbishment of former woolen fabrics factory into retail center resulted in 'essentially new constructed real estate' for VAT purposes On Friday 11 November 2022 the Dutch Supreme Court ruled that the refurbishment of a former woolen fabrics factory into a retail centre resulted in ‘essentially new constructed real estate’ (in wezen nieuwbouw) for Dutch VAT purposes.
French supermarket dawn raids down the drain On 9 March 2023, the European Court of Justice (ECJ) ruled that the European Commission should properly record interviews if they are used to gather information regarding the subject matter of the investigation.
Dawn raid drama: bycatch and data rooms Beware of the fine line in antitrust investigations between illegal fishing expeditions and accidental discoveries pointing at a separate antitrust infringement.
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.
Solace for companies seeking guidance on sustainability agreements Now that the European Commission adopted the revised Horizontal Guidelines (HGs), including the new chapter on sustainability agreements, companies wishing to set up sustainability initiatives finally have more certainty on the applicable guidance.
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.
Supreme Court clarifies rent reductions for catering and retail businesses during corona period On 24 December 2021, the Supreme Court ruled on the preliminary questions of the District Court of Limburg.
Dominant firm may refuse to supply retailer after initial delivery The Brussels Court of Appeal has held that a dominant producer firm may have valid reasons to refuse further supplies to a retailer, despite its dominance and despite previous deliveries.
Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance.
Amsterdam Court of Appeal rules on the applicable law to air freight cartel damages claims On 6 July 2021, the Amsterdam Court of Appeal had to decide whether the pragmatic approach of the Amsterdam District Court, which had applied Dutch law to all air freight cartel damages claims, could be upheld.
CJEU clarifies jurisdiction for follow-on damage claims The Court of Justice of the European Union recently further clarified which courts within the EU have jurisdiction to hear follow-on damage claims.
Court rules ACM can use accidental evidence found in dawn raids While skimming through employees’ chat conversations and e-mails, it is not uncommon for competition authorities to stumble across other potential antitrust violations, separate from the initial scope of the search.
Sustainability solutions sussed out soon More antitrust clarity has arrived for companies involved in sustainability collaborations. The EC published draft revised rules on horizontal cooperation agreements and the ACM informally approved two green initiatives in the energy sector.
Stibbe advises Patrizia Stibbe advised Patrizia on behalf of its pan-European residential fund “Living Cities” on the acquisition from Besix RED of Evenepoel Properties SA who owns the Viridis project. Besix RED will ensure the turnkey development until completion.