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French supermarket dawn raids down the drain

On 9 March 2023, the European Court of Justice (ECJ) ruled that the European Commission should properly record interviews if they are used to gather information regarding the subject matter of the investigation.

Dawn raid drama: bycatch and data rooms

Beware of the fine line in antitrust investigations between illegal fishing expeditions and accidental discoveries pointing at a separate antitrust infringement.

Stibbe appoints Sabrina Lai Cheong as Counsel

Stibbe proudly announces the promotion of Sabrina Lai Cheong to Counsel in the Corporate and M&A practice of its Luxembourg office.

Stibbe nomme Sabrina Lai Cheong en tant que Counsel

Le bureau luxembourgeois de Stibbe a la fierté d’annoncer la promotion de Sabrina Lai Cheong au titre de Counsel, avec effet immédiat.

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.

Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS

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.

Les actions sans droit de vote et les parts bénéficiaires à l'ère du CSA

Marc Fyon et Viktor Pokorny examinent et comparent le régime applicable aux actions sans droit de vote et aux parts bénéficiaires à l'ère du Code des sociétés et associations dans la Revue pratique des sociétés (RPS-TRV).

Amsterdam Court of Appeal rules on the applicable law to air freight cartel damages claims

On 6 July 2021, the Amsterdam Court of Appeal had to decide whether the pragmatic approach of the Amsterdam District Court, which had applied Dutch law to all air freight cartel damages claims, could be upheld.

CJEU clarifies jurisdiction for follow-on damage claims

The Court of Justice of the European Union recently further clarified which courts within the EU have jurisdiction to hear follow-on damage claims.

Sustainability solutions sussed out soon

More antitrust clarity has arrived for companies involved in sustainability collaborations. The EC published draft revised rules on horizontal cooperation agreements and the ACM informally approved two green initiatives in the energy sector.

Dust off your dawn raid manuals: the heat is (back) on

Companies should brace themselves for multiple multi-jurisdictional dawn raids over the coming months.

Commission reveals first piece of antitrust sustainability puzzle

The European Commission has published a Policy Brief setting out its preliminary views on how to fit the European Green Deal’s sustainability goals into the EU competition rules.

Aisling Murphy

Senior Associate Luxembourg

Stibbe advises Corsair Capital

Stibbe has advised Corsair Capital, a leading private equity firm specialising in payments, software, and business services investments on the acquisition of a majority stake in MJM Holdings.

Tom Verdonk co-edited ‘Unfair Trading Practices in the Agricultural and Food Supply Chain’

Tom Verdonk has co-edited the book ‘Unfair Trading Practices in the Agricultural and Food Supply Chain’, recently published by Larcier-Intersentia.

Nicolas Pradel

Senior Associate Luxembourg

More hurdles to cross: Foreign Direct Investment gaining momentum

Cross-border acquisitions and mergers may soon have an extra hurdle to cross before receiving the green light. In the EU, the development of FDI screening mechanisms has gained speed after COVID-19.

Spreading fast: Dutch and Belgian COVID-19 State-aid approved

Many Member States are taking measures to support the economy during the COVID-19 crisis. The European Commission’s Temporary Framework enables the rapid approval of certain types of State aid.

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