14 results Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure. ECJ in Pometon: beware of too much info in staggered hybrid proceedings In hybrid cartel proceedings (in which one party opts out of settlement), settlement decisions should not pre-judge the outcome of the Commission's investigation into non-settling parties. Court bundles educational publishers merger off to ACM for reassessment Digital mergers have steered competition authorities away from their usual mantra of structural over behavioural remedies. The Rotterdam District Court recently gave its blessing to the ACM’s remedies for securing access to a digital school platform. Pay-for-delay saga ends with nothing new; but pharma quest continues On 25 March 2021, the ECJ ended the Lundbeck pay-for-delay saga by dismissing the appeals from Lundbeck and five generic manufacturers against a European Commission ‘pay-for-delay’ decision. 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. 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. 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. Stibbe advises Seven2 Stibbe advised Seven2 on the acquisition of a majority stake in Zwart Techniek. The impact of geopolitical developments on transactions: a tangled web of rules and hurdles Where is the line between openness and protectionism in the European single market? At both EU and national level, more and more protective barriers against foreign investors and acquirers have been created in the international competition. Mondelēz’s fine takes the biscuit: cross-border trade crusade peaks The European Commission has fined Mondelēz EUR 337.5 million for restricting cross-border trade. Brand owners are advised to double-check their licensing and distribution systems, as well as their commercial conduct, for possible territorial restraints. From Farm to Fairness: Unpacking the Dutch Unfair Trading Practices Act for the Agri-Food Supply Chain Since 2021, Dutch rules against unfair trading practices, which implemented an EU Directive, apply to business-to-business relationships in agri-food supply chains. Enforcement by the ACM, initially slow, is now intensifying. Commission takes labour market enforcement to the next level Employers beware: the European Commission is strengthening its actions against anticompetitive practices in labour markets. In its recent Competition Policy Brief it takes a tough stance. Companies are well-advised to review their employment practices. Killing three birds with one stone: Illumina wins Article 22 battle The ECJ wrote the epilogue to the Illumina/Grail saga, overturning the EC’s novel ‘Article 22’ approach. It is now clear that the EC cannot accept referral requests to review transactions that fall below the thresholds of national merger control regimes. Digital Markets Act: “with great power must come great responsibility” The countdown is on for digital giants. The entry into force of the Digital Markets Act (DMA) on 1 November 2022 triggered a to do list for potential gatekeepers with 2 May 2023 as the next key date to keep in mind: see our DMA infographic.
Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure.
ECJ in Pometon: beware of too much info in staggered hybrid proceedings In hybrid cartel proceedings (in which one party opts out of settlement), settlement decisions should not pre-judge the outcome of the Commission's investigation into non-settling parties.
Court bundles educational publishers merger off to ACM for reassessment Digital mergers have steered competition authorities away from their usual mantra of structural over behavioural remedies. The Rotterdam District Court recently gave its blessing to the ACM’s remedies for securing access to a digital school platform.
Pay-for-delay saga ends with nothing new; but pharma quest continues On 25 March 2021, the ECJ ended the Lundbeck pay-for-delay saga by dismissing the appeals from Lundbeck and five generic manufacturers against a European Commission ‘pay-for-delay’ decision.
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.
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.
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.
Stibbe advises Seven2 Stibbe advised Seven2 on the acquisition of a majority stake in Zwart Techniek.
The impact of geopolitical developments on transactions: a tangled web of rules and hurdles Where is the line between openness and protectionism in the European single market? At both EU and national level, more and more protective barriers against foreign investors and acquirers have been created in the international competition.
Mondelēz’s fine takes the biscuit: cross-border trade crusade peaks The European Commission has fined Mondelēz EUR 337.5 million for restricting cross-border trade. Brand owners are advised to double-check their licensing and distribution systems, as well as their commercial conduct, for possible territorial restraints.
From Farm to Fairness: Unpacking the Dutch Unfair Trading Practices Act for the Agri-Food Supply Chain Since 2021, Dutch rules against unfair trading practices, which implemented an EU Directive, apply to business-to-business relationships in agri-food supply chains. Enforcement by the ACM, initially slow, is now intensifying.
Commission takes labour market enforcement to the next level Employers beware: the European Commission is strengthening its actions against anticompetitive practices in labour markets. In its recent Competition Policy Brief it takes a tough stance. Companies are well-advised to review their employment practices.
Killing three birds with one stone: Illumina wins Article 22 battle The ECJ wrote the epilogue to the Illumina/Grail saga, overturning the EC’s novel ‘Article 22’ approach. It is now clear that the EC cannot accept referral requests to review transactions that fall below the thresholds of national merger control regimes.
Digital Markets Act: “with great power must come great responsibility” The countdown is on for digital giants. The entry into force of the Digital Markets Act (DMA) on 1 November 2022 triggered a to do list for potential gatekeepers with 2 May 2023 as the next key date to keep in mind: see our DMA infographic.