59 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. 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. Promotie Janita Hofman Janita Hofman, advocaat bij Stibbe, promoveerde op 16 november 2022 aan de Radboud Universiteit te Nijmegen met haar proefschrift “De beveiliging van persoonsgegevens. Over de juridische invulling van art. 5 lid 1 onder f en 32 AVG”. 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. Lessons learned from the Dutch Crisis and Recovery Act for an environmental plan To gain timely experience with the possibilities of the ambient plan, the Crisis and Recovery Act (Crisis- en herstelwet) had the possibility of adopting a so-called zoning plan with broadened scope. 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). Tekst & Commentaar Wet open overheid Op 1 mei 2022 is de Wet open overheid in werking getreden. Tom Barkhuysen en Koen Giezeman droegen bij aan de Tekst & Commentaar-editie over deze wet. 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. 2022: the big reveal of 2021’s competition law promises 2021 was riddled with sneak previews of a “review of competition policy tools with unprecedented scope and ambition”. 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. Gun jumping: beware, the Commission will take action The Commission has imposed interim measures on Illumina and GRAIL. These measures include the obligation to run GRAIL by independent management. Back to the future – Commission publishes roadmap for green and digital challenges The Commission’s Communication “A competition policy fit for new challenges” (the “Communication”) identifies key areas in which competition law and policy can support European efforts in dealing with the challenges of the green and digital transitions. ECJ: private enforcement in aviation sector also a national court's game Recently, the ECJ ruled that national courts dealing with private enforcement cases are competent to apply EU competition law to historical behaviour in the aviation sector. 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. Google Shopping: self-preferencing is a form of abuse of dominance On 10 November 2021, the General Court (GC) almost entirely dismissed Google’s action against the European Commission’s Google Shopping decision. Upward referral of killer acquisitions: enlightened or one-stop shop flop? Companies involved in M&A deals falling below the EU and national notification thresholds need to think twice about their deal’s potential impact on competition from now on. Abuse of economic dependence: lessons drawn from the first judgments On 22 August 2020, the ban on abuse of economic dependence was implemented in Belgium. Now that almost a year has passed and the first judgments have been rendered, we assess what first lessons can be drawn from these judgments. Foreign subsidies: another addition to the M&A checklist 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. Pagination Current page 1 Page 2 Page 3 Page 4 Next page
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.
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.
Promotie Janita Hofman Janita Hofman, advocaat bij Stibbe, promoveerde op 16 november 2022 aan de Radboud Universiteit te Nijmegen met haar proefschrift “De beveiliging van persoonsgegevens. Over de juridische invulling van art. 5 lid 1 onder f en 32 AVG”.
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.
Lessons learned from the Dutch Crisis and Recovery Act for an environmental plan To gain timely experience with the possibilities of the ambient plan, the Crisis and Recovery Act (Crisis- en herstelwet) had the possibility of adopting a so-called zoning plan with broadened scope.
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).
Tekst & Commentaar Wet open overheid Op 1 mei 2022 is de Wet open overheid in werking getreden. Tom Barkhuysen en Koen Giezeman droegen bij aan de Tekst & Commentaar-editie over deze wet.
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.
2022: the big reveal of 2021’s competition law promises 2021 was riddled with sneak previews of a “review of competition policy tools with unprecedented scope and ambition”.
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.
Gun jumping: beware, the Commission will take action The Commission has imposed interim measures on Illumina and GRAIL. These measures include the obligation to run GRAIL by independent management.
Back to the future – Commission publishes roadmap for green and digital challenges The Commission’s Communication “A competition policy fit for new challenges” (the “Communication”) identifies key areas in which competition law and policy can support European efforts in dealing with the challenges of the green and digital transitions.
ECJ: private enforcement in aviation sector also a national court's game Recently, the ECJ ruled that national courts dealing with private enforcement cases are competent to apply EU competition law to historical behaviour in the aviation sector.
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.
Google Shopping: self-preferencing is a form of abuse of dominance On 10 November 2021, the General Court (GC) almost entirely dismissed Google’s action against the European Commission’s Google Shopping decision.
Upward referral of killer acquisitions: enlightened or one-stop shop flop? Companies involved in M&A deals falling below the EU and national notification thresholds need to think twice about their deal’s potential impact on competition from now on.
Abuse of economic dependence: lessons drawn from the first judgments On 22 August 2020, the ban on abuse of economic dependence was implemented in Belgium. Now that almost a year has passed and the first judgments have been rendered, we assess what first lessons can be drawn from these judgments.
Foreign subsidies: another addition to the M&A checklist 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.