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On 24 October 2018, the European Court of Justice ruled that a choice of forum clause in a contract between Apple and eBizcuss, a former reseller of Apple products, may apply to abuse of dominance claims.

Companies are well advised to carefully read the 2014 Procedure for the inspection of digital data (2014 Procedure) before the Dutch Authority for Consumers and Markets (ACM) comes knocking.

The Rotterdam District Court recently clarified that the date of news coverage of a European Commission dawn raid will not set off the limitation period for a cartel damages claim if it is not clear to the potential cartel victim that [...].

Companies should beware that when held jointly responsible for a cartel infringement, a fine reduction granted to one of them could affect the joint and several liability of fines allocated to the remaining companies.

Companies participating in a franchise agreement are advised to carefully assess possible competition law concerns, particularly if the franchisees are (potential) competitors.

On 14 March the European Court of Justice issued a landmark judgment in the Skanska case.

Het toenemende aantal zzp'ers heeft ook mededingingsrechtelijke gevolgen. Volgens de ACM werkt de markt namelijk niet goed als zzp'ers door lage uurtarieven onder het bestaansminimum komen.

Companies beware: the ACM’s and European Commission’s approach to access to the file are not aligned. According to an interim relief judge, the ACM cannot be forced to grant a company access to a broader set of documents in competition procedures.

Companies should be aware that the Dutch competition authority (ACM) will not only examine electronic records and emails, but can also check WhatsApp messages during dawn raids.

A mantra of EU competition law is that "any person" can claim full compensation for all the loss caused to him or her through a competition law infringement.

2020 will likely revolve around the question whether competition rules should yield to globalisation and digitisation, with suggestions ranging from mere tweaks to competition rules to complementary regulation.

As part of the New Deal for Consumers, aimed to strengthen EU consumer protection in light of the digital era, a new Directive 2019/2161 of 27 November 2019 has been adopted.

Aanbieders van online-diensten en applicaties kunnen niet altijd rekenen op bescherming van hun marktpositie op basis van de staatssteun- en mededingingsregels. Dit blijkt uit een onlangs gewezen uitspraak van de hoogste Unierechter.

Companies can expect swifter merger clearance and simpler filing rules in Belgium. The Belgian Competition Authority has published a communication with additional rules concerning the simplified procedure for certain types of concentrations.

Companies can challenge a decision establishing that they committed a competition law violation, even if no fine was imposed on them.

The European Commission is on a roll in its fight against territorial sales restrictions.

On 19 February 2020, the European Commission revealed the first pillars of its strategic and policy objectives in the digital space over the next five years.