283 results Tick-tock: no reset of the appeal clock for amending Commission decision The European Court of Justice recently upheld the General Court's order finding that metal production and recycling company Eco-Bat had submitted its appeal outside of the appeal term. European Court of Justice sets aside Portuguese rules time-barring a damages action The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages. Foreign Direct Investment Screening in the EU On 21 March 2019, Regulation 2019/452/EU was published providing for a framework for the screening of foreign direct investments into the European Union and its Member States. This Regulation shall apply from 11 October 2020. 15 aspects of Brexit you did not know A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario. General Court leaves door ajar for pharma companies in the Servier-case On 12 December 2018, the General Court partly annulled the Commission's decision to fine drug manufacturer and originator company Servier and five generic companies in a reverse payment patent settlement case. Walking the tightrope between data protection and EU investigations Two recent publications confirm that it is possible for companies to cooperate with a European Commission investigation and still comply with the data protection rules. General Court dismisses Canal+ appeal against pay-TV commitment decision The General Court recently dismissed the appeal brought by Canal+ against the decision of the European Commission making the commitments of Paramount legally binding. Partial fine reduction for Deutsche Telekom and Slovak Telekom for abuse of dominance The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices. Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment. Guess what, online branding restrictions are on the Commission's radar Companies are probably aware of the Commission's eagerness to clamp down on online resale price maintenance and geo-blocking restrictions. The recent fine for vertical restraints by clothing company Guess marks a new dot on the Commission's radar. European Court of Justice issues landmark ruling on parental liability On 14 March the European Court of Justice issued a landmark judgment in the Skanska case. Access to the file in Dutch competition procedures: too little too late? 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. Deleting WhatsApp chats during dawn raids may cost you dearly 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. Floodgates open? ECJ allows cartel damage claim for remote economic loss 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. Competition rules and globalisation to face off in 2020 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. New deal for online deals - EU consumer protection adapted to the digital era 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. TenderNed en Klic-viewer: innoveren met overheidsinformatie kan een riskante onderneming zijn 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. Swifter merger clearance and shorter merger filings in Belgium 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. Pagination Previous page Page 13 Current page 14 Page 15 Page 16 Next page
Tick-tock: no reset of the appeal clock for amending Commission decision The European Court of Justice recently upheld the General Court's order finding that metal production and recycling company Eco-Bat had submitted its appeal outside of the appeal term.
European Court of Justice sets aside Portuguese rules time-barring a damages action The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages.
Foreign Direct Investment Screening in the EU On 21 March 2019, Regulation 2019/452/EU was published providing for a framework for the screening of foreign direct investments into the European Union and its Member States. This Regulation shall apply from 11 October 2020.
15 aspects of Brexit you did not know A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario.
General Court leaves door ajar for pharma companies in the Servier-case On 12 December 2018, the General Court partly annulled the Commission's decision to fine drug manufacturer and originator company Servier and five generic companies in a reverse payment patent settlement case.
Walking the tightrope between data protection and EU investigations Two recent publications confirm that it is possible for companies to cooperate with a European Commission investigation and still comply with the data protection rules.
General Court dismisses Canal+ appeal against pay-TV commitment decision The General Court recently dismissed the appeal brought by Canal+ against the decision of the European Commission making the commitments of Paramount legally binding.
Partial fine reduction for Deutsche Telekom and Slovak Telekom for abuse of dominance The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices.
Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment.
Guess what, online branding restrictions are on the Commission's radar Companies are probably aware of the Commission's eagerness to clamp down on online resale price maintenance and geo-blocking restrictions. The recent fine for vertical restraints by clothing company Guess marks a new dot on the Commission's radar.
European Court of Justice issues landmark ruling on parental liability On 14 March the European Court of Justice issued a landmark judgment in the Skanska case.
Access to the file in Dutch competition procedures: too little too late? 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.
Deleting WhatsApp chats during dawn raids may cost you dearly 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.
Floodgates open? ECJ allows cartel damage claim for remote economic loss 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.
Competition rules and globalisation to face off in 2020 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.
New deal for online deals - EU consumer protection adapted to the digital era 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.
TenderNed en Klic-viewer: innoveren met overheidsinformatie kan een riskante onderneming zijn 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.
Swifter merger clearance and shorter merger filings in Belgium 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.