559 results Bettine Wils Junior Associate Amsterdam European Court of Justice plays hardball in Sports rulings The rulings by the European Court of Justice (ECJ) on the discretionary powers of international sports associations to authorise alternative competitions show that the specifics of sports are no reason to tread lightly when applying EU competition rules. 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. 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. 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'. Cross-border representative actions: publication of requirements for Dutch organisations seeking designation as ‘qualified entities’ By 26 December 2023 at the latest, EU Member States must publish a list of organisations that they have designated as ‘qualified entities’ (bevoegde instanties) for bringing cross-border representative actions within the EU on behalf of consumers. 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”. Digital Law Up(to)date: No processing of vaccination status in recruitment process The Litigation Chamber of the Belgian DPA confirms that, in the absence of an existing legal basis, it is not possible for an employer, in this case a hospital, to make the recruitment of a person conditional on the fact that he/she has been vaccinated. Discover our SPC booklet Our Brussels IP/Life Sciences team has authored a booklet on the case-law of the Court of justice of the EU (CJEU) regarding supplementary protection certificates (SPCs). 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. Europese Commissie herziet en verruimt een belangrijk staatssteunkader: consultatie wijzigingen AGVV geopend tot 8 december 2021 De Europese Commissie zet in op meer staatssteun voor innovatieve ondernemingen en duurzaamheid. Dit blijkt uit de voorgestelde wijziging van de Algemene groepsvrijstellingsverordening waarover tot 8 december a.s. een consultatie loopt. De Afdeling: niet-belanghebbenden zijn soms welkom bij de bestuursrechter vanwege het Varkens in Nood-arrest De toegang tot de bestuursrechter staat open voor niet-belanghebbenden die willen procederen tegen omgevingsbesluiten, indien zij tijdens de voorbereidingsprocedure een zienswijze hebben ingediend. 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. Pagination Previous page Page 3 Current page 4 Page 5 Page 6 Next page
European Court of Justice plays hardball in Sports rulings The rulings by the European Court of Justice (ECJ) on the discretionary powers of international sports associations to authorise alternative competitions show that the specifics of sports are no reason to tread lightly when applying EU competition rules.
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.
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.
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'.
Cross-border representative actions: publication of requirements for Dutch organisations seeking designation as ‘qualified entities’ By 26 December 2023 at the latest, EU Member States must publish a list of organisations that they have designated as ‘qualified entities’ (bevoegde instanties) for bringing cross-border representative actions within the EU on behalf of consumers.
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”.
Digital Law Up(to)date: No processing of vaccination status in recruitment process The Litigation Chamber of the Belgian DPA confirms that, in the absence of an existing legal basis, it is not possible for an employer, in this case a hospital, to make the recruitment of a person conditional on the fact that he/she has been vaccinated.
Discover our SPC booklet Our Brussels IP/Life Sciences team has authored a booklet on the case-law of the Court of justice of the EU (CJEU) regarding supplementary protection certificates (SPCs).
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.
Europese Commissie herziet en verruimt een belangrijk staatssteunkader: consultatie wijzigingen AGVV geopend tot 8 december 2021 De Europese Commissie zet in op meer staatssteun voor innovatieve ondernemingen en duurzaamheid. Dit blijkt uit de voorgestelde wijziging van de Algemene groepsvrijstellingsverordening waarover tot 8 december a.s. een consultatie loopt.
De Afdeling: niet-belanghebbenden zijn soms welkom bij de bestuursrechter vanwege het Varkens in Nood-arrest De toegang tot de bestuursrechter staat open voor niet-belanghebbenden die willen procederen tegen omgevingsbesluiten, indien zij tijdens de voorbereidingsprocedure een zienswijze hebben ingediend.
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.