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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.

Are your distribution contracts ready for the revised VBER?

On 9 July 2021, the Commission published its draft revised Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines.

ACM jumps on gun-jumping bandwagon

Companies involved in multi-step acquisitions should beware of potential gun-jumping risks. The ACM has fined a trade association for failing to notify the acquisition of four pharmacies involving a consecutive partial resale.

ECJ in Bpost and Nordzucker: clearer limits for non bis in idem

On 22 March 2022, the European Court of Justice (ECJ) offered companies investigated for the same conduct by several authorities clarity on the core principles of the application of the non bis in idem (double jeopardy) protection.

The ECN+ Directive implemented in Belgium and introduction of merger filing fees

On 7 March 2022, the Act implementing the ECN+ Directive into Belgian law was published in the Belgian Official Gazette. The Act entered into force on 17 March 2022.

De Dataverordening (“Data Act”)

De Europese Commissie heeft op 23 februari 2022 de Europese dataverordening (“Data Act”) voorgesteld, die het delen van data beoogt te bevorderen. Steeds meer gegevens worden door mensen en machines gegenereerd, bewaard en hergebruikt.

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.

Pfizer may be off the hook, but ACM pharma supervision continues

Pharma companies beware: discount schemes by former patent owners raise red flags at competition authorities.

Duality on dual distribution resolved?

Nothing is more fickle than information exchange: it changes colour under EU competition rules depending on the nature of the relationship between the exchanging companies.

Second time lucky: Intel’s EUR 1.06 billion loyalty rebate fine quashed

Intel’s second round at the General Court was significantly more successful than its first. In the first round, the General Court had failed to analyse whether the loyalty rebates at issue were capable of restricting competition. In the second round, afte

The new VBER is here! Time to update your distribution agreements

The new Vertical Block Exemption Regulation (VBER) entered into force on 1 June 2022. The new VBER is stricter on dual distribution and across-platform retail parity obligations than the old one, but is more lenient towards active sales and online sales r

Park your parking structures: EU Court upholds Canon’s gun jumping fine

Companies involved in M&A transactions had better think twice before temporarily parking a target undertaking with an interim buyer.

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 of Appeal provides guidance for further course of proceedings in prestressing steel litigation

On 27 July 2021, the Court of Appeal of Den Bosch issued an interim judgment in the Dutch prestressing steel litigation, ruling on three issues.

ACM walks the walk: first-ever vertical price coordination fine

The Dutch Competition Authority (“ACM”) has claimed a first victim in its vertical restraints battle. Samsung Electronics was fined nearly EUR 40 million for having meddled in the online resale prices for televisions at seven retailers.

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.

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