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On May 26, 2021, the District Court of The Hague rendered its judgment in the case between Milieudefensie and others against Shell.

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.

Companies should check their merger information for accuracy, truthfulness and completeness before handing it over to the European Commission.

Checking for merger control notification obligations and Foreign Direct Investment screening mechanisms will be on the list for most companies involved in M&A deals.

In its judgment of 12 May 2021, the Amsterdam District Court ruled that it has not been established that it is definitively excluded that the trucks infringement led to damage to the claimants.

Op 26 mei 2021 deed de rechtbank Den Haag uitspraak in de zaak tussen Milieudefensie e.a. tegen Shell. Een multidisciplinair team van Stibbe geeft in dit blog haar eerste visie op deze uitspraak en legt uit waarom dit een baanbrekende uitspraak kan zijn.

Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure.

In hybrid cartel proceedings (in which one party opts out of settlement), settlement decisions should not pre-judge the outcome of the Commission's investigation into non-settling parties.

Digital mergers have steered competition authorities away from their usual mantra of structural over behavioural remedies. The Rotterdam District Court recently gave its blessing to the ACM’s remedies for securing access to a digital school platform.

On 25 March 2021, the ECJ ended the Lundbeck pay-for-delay saga by dismissing the appeals from Lundbeck and five generic manufacturers against a European Commission ‘pay-for-delay’ decision.

Floris ten Have and Kaj Privé contributed to Getting the Deal Through – Cartel Regulation 2021. In their publication, Floris and Kaj discuss important issues that apply to cartel regulation in the Netherlands.

The ICLG to Environment & Climate Change Law 2021 covers common issues in environment and climate change laws and regulations - including environmental policy and its enforcement, environmental permits, waste, liabilities, a.o. - in 18 jurisdictions.

Op 22 juni 2020 ging de Wet collectieve warmtevoorziening (veelal de “Warmtewet 2”) in internetconsultatie.

On 16 February 2021, the Amsterdam Court of Appeal set aside a judgment of the Amsterdam District Court in which the District Court declined jurisdiction over the alleged claims against Athenian Brewery, a Greek subsidiary of Heineken N.V.