43 results 2022: the big reveal of 2021’s competition law promises 2021 was riddled with sneak previews of a “review of competition policy tools with unprecedented scope and ambition”. Triple-check merger info to prevent costly fines – or worse Companies should check their merger information for accuracy, truthfulness and completeness before handing it over to the European Commission. 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 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. Stibbe Amsterdam appoints three new partners We are pleased to announce that Stibbe Amsterdam has promoted Roos Elemans, Lotte Hover-Boon and Daisy Nijkamp to partner effective 1 January 2025. These appointments will further strengthen our EU and Competition Law, Tax and Litigation practices. To Prove or Presume? The EC’s Draft Guidelines on exclusionary abuses The Commission recently published its Draft Guidelines on Exclusionary Abuses of Dominance, which are meant to reflect the EU case law. However, they seem to deviate on important aspects, arguably simplifying the assessment for establishing an abuse. 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. 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. Don't take the ACM's digital inspection guidelines too literally The Dutch Authority for Consumers and Markets' (ACM) digital inspection guidelines should be on every company's reading list. However, they should not be taken too literally; at least according to the recent ruling from the Court of Appeal in The Hague. Commission’s objectives in the digital sector focus on “fairness" On 19 February 2020, the European Commission revealed the first pillars of its strategic and policy objectives in the digital space over the next five years. Successful challenges to merger decisions seem to be the exception The General Court recently confirmed the high degree of discretion enjoyed by the European Commission in the context of merger control decisions, particularly with respect to assessments of an economic nature. Financial sector remains on the antitrust radar: the report on loan syndication is out The European Commission recently published a report it had commissioned to examine the market dynamics and potential antitrust risks related to loan syndication. Fine liability in antitrust cases is closely scrutinised by Dutch courts A parent company can be held liable for a subsidiary's anti-competitive conduct if the parent has exercised decisive influence over the subsidiary, because the two are then considered a single undertaking. 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. 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. Court of Justice: Suppliers of luxury goods may prohibit their authorised distributors from selling on third party internet platforms On 6 December 2017, the Court of Justice rendered its much anticipated judgment in a dispute between a supplier of luxury cosmetics (Coty) and one of its authorised resellers. UK Court upholds fine against Ping for online sales ban On 7 September 2018, the UK Competition Appeal Tribunal (CAT) upheld the UK Competition and Market Authority's (CMA) decision fining Ping Europe Limited, a manufacturer of golf clubs, for violating EU and UK competition law. Pagination Current page 1 Page 2 Page 3 Next page
2022: the big reveal of 2021’s competition law promises 2021 was riddled with sneak previews of a “review of competition policy tools with unprecedented scope and ambition”.
Triple-check merger info to prevent costly fines – or worse Companies should check their merger information for accuracy, truthfulness and completeness before handing it over to the European Commission.
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
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.
Stibbe Amsterdam appoints three new partners We are pleased to announce that Stibbe Amsterdam has promoted Roos Elemans, Lotte Hover-Boon and Daisy Nijkamp to partner effective 1 January 2025. These appointments will further strengthen our EU and Competition Law, Tax and Litigation practices.
To Prove or Presume? The EC’s Draft Guidelines on exclusionary abuses The Commission recently published its Draft Guidelines on Exclusionary Abuses of Dominance, which are meant to reflect the EU case law. However, they seem to deviate on important aspects, arguably simplifying the assessment for establishing an abuse.
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.
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.
Don't take the ACM's digital inspection guidelines too literally The Dutch Authority for Consumers and Markets' (ACM) digital inspection guidelines should be on every company's reading list. However, they should not be taken too literally; at least according to the recent ruling from the Court of Appeal in The Hague.
Commission’s objectives in the digital sector focus on “fairness" On 19 February 2020, the European Commission revealed the first pillars of its strategic and policy objectives in the digital space over the next five years.
Successful challenges to merger decisions seem to be the exception The General Court recently confirmed the high degree of discretion enjoyed by the European Commission in the context of merger control decisions, particularly with respect to assessments of an economic nature.
Financial sector remains on the antitrust radar: the report on loan syndication is out The European Commission recently published a report it had commissioned to examine the market dynamics and potential antitrust risks related to loan syndication.
Fine liability in antitrust cases is closely scrutinised by Dutch courts A parent company can be held liable for a subsidiary's anti-competitive conduct if the parent has exercised decisive influence over the subsidiary, because the two are then considered a single undertaking.
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.
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.
Court of Justice: Suppliers of luxury goods may prohibit their authorised distributors from selling on third party internet platforms On 6 December 2017, the Court of Justice rendered its much anticipated judgment in a dispute between a supplier of luxury cosmetics (Coty) and one of its authorised resellers.
UK Court upholds fine against Ping for online sales ban On 7 September 2018, the UK Competition Appeal Tribunal (CAT) upheld the UK Competition and Market Authority's (CMA) decision fining Ping Europe Limited, a manufacturer of golf clubs, for violating EU and UK competition law.