241 results 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. First material judgment in Dutch damages proceedings in trucks infringement In its judgment of 12 May 2021, the Amsterdam District Court ruled that it has not been established that it is definitively excluded that the trucks infringement led to damage to the claimants. 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. 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. Landmark ECJ ruling: subsidiary liability in follow-on cartel cases On 6 October 2021, the European Court of Justice issued a landmark judgment in the Sumal case. 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. Court assesses threshold for substantiating cartel damage plausibility On 23 June 2021, the Rotterdam District Court rendered two (final) judgments regarding damages claims following the European Commission’s decision on an alleged elevators cartel. 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. Netherlands FDI regime protecting national security is getting closer On 30 June 2021, a legislative proposal introducing an investment screening on grounds of national security in the Netherlands was submitted to the House of Representatives. Court rules ACM can use accidental evidence found in dawn raids While skimming through employees’ chat conversations and e-mails, it is not uncommon for competition authorities to stumble across other potential antitrust violations, separate from the initial scope of the search. ACM issues first excessive pricing fine in pharma On 1 July 2021, the Dutch Authority for Consumers and Markets (ACM) imposed a fine of EUR 19.5 million on drug manufacturer Leadiant for excessive pricing of their orphan drug CDCA-Leadiant. Horizontal cooperation: from the dark side to the light? Recent enforcement action shows that companies involved in data sharing and data pooling or sustainability cooperation need to tread carefully. Pagination Previous page Page 2 Current page 3 Page 4 Page 5 Next page
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.
First material judgment in Dutch damages proceedings in trucks infringement In its judgment of 12 May 2021, the Amsterdam District Court ruled that it has not been established that it is definitively excluded that the trucks infringement led to damage to the claimants.
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.
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.
Landmark ECJ ruling: subsidiary liability in follow-on cartel cases On 6 October 2021, the European Court of Justice issued a landmark judgment in the Sumal case.
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.
Court assesses threshold for substantiating cartel damage plausibility On 23 June 2021, the Rotterdam District Court rendered two (final) judgments regarding damages claims following the European Commission’s decision on an alleged elevators cartel.
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.
Netherlands FDI regime protecting national security is getting closer On 30 June 2021, a legislative proposal introducing an investment screening on grounds of national security in the Netherlands was submitted to the House of Representatives.
Court rules ACM can use accidental evidence found in dawn raids While skimming through employees’ chat conversations and e-mails, it is not uncommon for competition authorities to stumble across other potential antitrust violations, separate from the initial scope of the search.
ACM issues first excessive pricing fine in pharma On 1 July 2021, the Dutch Authority for Consumers and Markets (ACM) imposed a fine of EUR 19.5 million on drug manufacturer Leadiant for excessive pricing of their orphan drug CDCA-Leadiant.
Horizontal cooperation: from the dark side to the light? Recent enforcement action shows that companies involved in data sharing and data pooling or sustainability cooperation need to tread carefully.