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ACM rolls the dice on roll-up strategies

For the first time, the Dutch Authority for Consumers and Markets conducted a merger review involving a ‘roll-up strategy’. The outcome of another roll-up strategy merger assessment is pending.

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.

Tom Verdonk defends Ph.D. on competition law and food security

His dissertation entitled “Seeds of Market Power” examines how EU competition law can promote both fair access to innovation and food security through collaborative licensing in the seed and biotech sectors.

The gift that keeps on giving: Article 22 is here to stay

The European Commission will review a transaction thanks to Italy’s call-in powers. Even though the broad interpretation of Article 22 EUMR is off the table, deals that do not meet standard EU and national merger thresholds may still need to be notified.

European Commission to pull the strings of foreign subsidies

The European Commission is adding powers to its toolbox to ensure a level playing field between European and foreign(-backed) companies active on the EU market.

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.

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