268 results Return to sender: Court annuls ministerial unblocking of postal merger The Rotterdam District Court has annulled the Dutch Minister’s very first clearance of a blocked merger (between postal operators PostNL and Sandd), on grounds of public interest. New competition tool: something old, something new, something borrowed Large online platforms may face more regulatory obligations, whilst non-dominant companies’ unilateral conduct may soon be curbed. 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. ECJ confirms: no shortcut for ‘by object’ antitrust infringements The European Court of Justice has found there is no shortcut for determining whether particular conduct can be held to have the object to restrict competition. ACM played high stakes and lost: no more fixed network access regulation The ACM’s failure to meet the requisite standard of proof has led to the fixed networks of Dutch telecom providers KPN and VodafoneZiggo being free from access regulation. EU competition policy agenda: full to the brim The European Commission’s competition policy agenda stretches to 2024 and contains plans for many new or revised rules and guidelines. De renaissance van de voorlopige maatregelen in het mededingingsrecht Mededingingsautoriteiten zijn op zoek naar instrumenten om snel in te grijpen bij ontluikende mededingingsproblemen op de techmarkten. Directors' liability due to competition law infringements by the company The District Court Noord-Nederland recently allowed the trustees in bankruptcy of Northsea shrimp trading company Heiploeg to recover part of a EUR 27 million cartel fine from a former director. What to expect when you are expecting: broader investment screening in the Netherlands On 8 September 2020, a draft bill setting up an ex-ante and ex-post screening mechanism for investments in companies active in vital processes or sensitive technology in the Netherlands was published for consultation. If you can’t stand the heat: kitchen retailers fined for misleading consumers There is a new enforcement trend in the Netherlands; consumer protection is shifting from private enforcement before the civil courts, to public enforcement through the Dutch Authority for Consumers and Markets (ACM). Cigarettes producers fined for alleged indirect info exchange Enforcement of competition rules in relation to indirect information exchange seems to be catching on; while the European Commission only flagged the risks in its consumer electronics cases, the ACM has taken up the challenge and imposed fines. Waiting for the EC: third-party platform bans and RPM still on radar The results of the European Commission’s evaluation of the Vertical Block Exemption Regulation (VBER) call for more clarity and convergence in the interpretation of certain (online) vertical restrictions. EU merger control: Dutch clause to catch future killer acquisitions Competition Commissioner Vestager presented a sneak peak of her plans for the future of EU merger control on the 30th anniversary of the EU Merger Regulation. The next 5 years: European Commission launches New Consumer Agenda Despite the ongoing COVID-19 pandemic, the European Commission is already looking ahead to set its consumer protection priorities for the next five years. On the right track? GC sends mixed messages with Lithuanian Railways The essential facilities doctrine imposes on holders of indispensable facilities a duty to deal with their competitors. Innovatie en staatssteun. Het CBb leidt de weg bij de belangrijke definities industrieel onderzoek en experimentele ontwikkeling Het College van Beroep voor het bedrijfsleven (“CBb”) heeft op 6 oktober 2020 in een subsidiegeschil nadere invulling gegeven aan het onderscheid tussen “industrieel onderzoek” en “experimentele ontwikkeling”. Jurisdictional hide & seek: merger thresholds and buyer joint ventures Companies beware: the turnover of a joint venture buying a target is not necessarily decisive for determining whether the EU merger thresholds are met. Pagination Previous page Page 3 Current page 4 Page 5 Page 6 Next page
Return to sender: Court annuls ministerial unblocking of postal merger The Rotterdam District Court has annulled the Dutch Minister’s very first clearance of a blocked merger (between postal operators PostNL and Sandd), on grounds of public interest.
New competition tool: something old, something new, something borrowed Large online platforms may face more regulatory obligations, whilst non-dominant companies’ unilateral conduct may soon be curbed.
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.
ECJ confirms: no shortcut for ‘by object’ antitrust infringements The European Court of Justice has found there is no shortcut for determining whether particular conduct can be held to have the object to restrict competition.
ACM played high stakes and lost: no more fixed network access regulation The ACM’s failure to meet the requisite standard of proof has led to the fixed networks of Dutch telecom providers KPN and VodafoneZiggo being free from access regulation.
EU competition policy agenda: full to the brim The European Commission’s competition policy agenda stretches to 2024 and contains plans for many new or revised rules and guidelines.
De renaissance van de voorlopige maatregelen in het mededingingsrecht Mededingingsautoriteiten zijn op zoek naar instrumenten om snel in te grijpen bij ontluikende mededingingsproblemen op de techmarkten.
Directors' liability due to competition law infringements by the company The District Court Noord-Nederland recently allowed the trustees in bankruptcy of Northsea shrimp trading company Heiploeg to recover part of a EUR 27 million cartel fine from a former director.
What to expect when you are expecting: broader investment screening in the Netherlands On 8 September 2020, a draft bill setting up an ex-ante and ex-post screening mechanism for investments in companies active in vital processes or sensitive technology in the Netherlands was published for consultation.
If you can’t stand the heat: kitchen retailers fined for misleading consumers There is a new enforcement trend in the Netherlands; consumer protection is shifting from private enforcement before the civil courts, to public enforcement through the Dutch Authority for Consumers and Markets (ACM).
Cigarettes producers fined for alleged indirect info exchange Enforcement of competition rules in relation to indirect information exchange seems to be catching on; while the European Commission only flagged the risks in its consumer electronics cases, the ACM has taken up the challenge and imposed fines.
Waiting for the EC: third-party platform bans and RPM still on radar The results of the European Commission’s evaluation of the Vertical Block Exemption Regulation (VBER) call for more clarity and convergence in the interpretation of certain (online) vertical restrictions.
EU merger control: Dutch clause to catch future killer acquisitions Competition Commissioner Vestager presented a sneak peak of her plans for the future of EU merger control on the 30th anniversary of the EU Merger Regulation.
The next 5 years: European Commission launches New Consumer Agenda Despite the ongoing COVID-19 pandemic, the European Commission is already looking ahead to set its consumer protection priorities for the next five years.
On the right track? GC sends mixed messages with Lithuanian Railways The essential facilities doctrine imposes on holders of indispensable facilities a duty to deal with their competitors.
Innovatie en staatssteun. Het CBb leidt de weg bij de belangrijke definities industrieel onderzoek en experimentele ontwikkeling Het College van Beroep voor het bedrijfsleven (“CBb”) heeft op 6 oktober 2020 in een subsidiegeschil nadere invulling gegeven aan het onderscheid tussen “industrieel onderzoek” en “experimentele ontwikkeling”.
Jurisdictional hide & seek: merger thresholds and buyer joint ventures Companies beware: the turnover of a joint venture buying a target is not necessarily decisive for determining whether the EU merger thresholds are met.