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First trip around the sun: FSR – one year in review

The Foreign Subsidies Regulation has celebrated one year of its application. Time for companies to take stock of the lessons learnt from key developments of this first year. However, ambiguities remain and more is yet to come. Watch this space!

EU lift cartel damage claim rejected by Brussels Court of Appeal

After 16 years of court battle, the Brussels Court of Appeal has rejected the EU’s EUR 12 million (+ interest) damage claim against the four lift producers that participated in the lift cartel fined in 2007.

Commission takes labour market enforcement to the next level

Employers beware: the European Commission is strengthening its actions against anticompetitive practices in labour markets. In its recent Competition Policy Brief it takes a tough stance. Companies are well-advised to review their employment practices.

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.

Stibbe advises RWE on the EU merger control aspects of its acquisition of the Magnum power plant in Eemshaven

Stibbe advises RWE on the acquisition from Vattenfall of the state-of-the-art gas-fired power plant Magnum with a capacity of 1.4 gigawatt and a 5.6 megawatts solar plant at Eemshaven, the Netherlands.

Dutch court confirms: Samsung's 'price recommendations' practices were unlawful

The Rotterdam District Court has delivered its judgment in the ACM's first-ever vertical restraints case. It upholds the fine imposed on Samsung for coordinating its retailers' online consumer prices under the pretence of 'price recommendations'.

Navigating access refusals after the ECJ’s Google Android Auto-ruling

Big Tech faces challenges when denying third parties access to its open platforms. The European Court of Justice has ruled that a dominant company’s refusal to make its open platform compatible with a third-party app may be abusive.

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.

Google Android-ruling: Commission flunks AEC test once again

The AEC test has likely assumed mythic status at the European Commission with the EU courts striking down its AEC analysis for a third time. Nevertheless, the Commission seems on the right track to tackling abuse of dominance in the digital sector.

The Foreign Subsidies Regulation’s initial focus on China

Although the text of the Foreign Subsidies Regulation is not aimed at specific countries, the European Commission’s initial enforcement actions appear to be targeting Chinese subsidies.

Court of Appeal overturns first instance judgment and establishes that several prestressing steel producers are liable for the potential loss alleged by Deutsche Bahn

The Court of Appeal of 's-Hertogenbosch ruled that several producers of prestressing steel are jointly and severally liable for potential loss that Deutsche Bahn may have suffered as a result of an infringement of competition law rules.

Stibbe advises BN-TAV joint venture on construction of sustainable new A pier at Schiphol Airport

Stibbe advised the joint venture of Ballast Nedam and TAV Construction (BN-TAV) in relation to the construction of the new A pier at Amsterdam Airport Schiphol.

Stibbe advises European construction company on hospital project in Dutch Caribbean

Stibbe advises a European Construction company on a new hospital on the island of Curacao (Dutch Caribbean).

Stibbe advises manufacturing company on sustainable biorefinery development

Stibbe advised a manufacturing company on the development of a new biorefinery plant in the Port of Rotterdam.

Stibbe advises on A24 Blankenburg DBFM/PPP project

Stibbe advised the lenders, consisting of a mix of bank lenders and the EIB, in the largest PFI transaction in recent years, providing finance to BAAK Blankenburg-Verbinding B.V.

Stibbe advises VEENIX consortium

Stibbe has advised the VEENIX consortium on on the tender, contracting and reaching financial close in the PPP Project A9 Badhoevedorp-Holendrecht in 2019.

Stibbe advises European construction company in Zuidbroek nitrogen plant dispute

Stibbe is advising a leading European construction company in a dispute with main contractor Air Products concerning the alleged termination of the contract for the construction of the Zuidbroek nitrogen plant in Groningen.

Stibbe advises consortium on restructuring of Afsluitdijk PPP project

Stibbe advises the consortium consisting of Van Oord, BAM and Rebel group in relation to the restructuring of the newly reinforced Afsluitdijk PPP Project (DBFM).

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