59 results Not so fast - General Court clarifies merger control test There is no magical number when it comes to “4-to-3” telecom mergers. On 28/5/2020, the EU’s General Court handed down a landmark judgment annulling a 2016 decision of the European Commission blocking the merger between O2 UK and Three. European Commission adopts merger simplification package to reduce red tape The European Commission recently adopted a package to simplify its procedures for reviewing concentrations under the EU Merger regulation. Under the new rules, more cases can benefit from the simplified procedure. 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”. Bekrachtiging Europese Klimaatwet en onthulling klimaatpakket ‘Fit for 55’ Met de bekrachtiging van de Europese Klimaatwet door het Europees Parlement en de introductie van het klimaatpakket 'Fit for 55', wordt het duidelijker hoe de weg naar een klimaatneutraal Europa er uit gaat zien. De Europese Klimaatwet uitgelicht Op 21 april 2021 is een voorlopig akkoord bereikt over de Europese Klimaatwet. Deze Klimaatwet kan worden gezien als de kern van de Europese Green Deal, die in december 2019 werd gepubliceerd door de Europese Commissie. 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. 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. 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. Game over? Gaming companies fined for geo-blocking The Commission’s cross-border sales crusade seems far from over. The EUR 7.8 million fine imposed on distribution platform owner Valve and five PC video games publishers for geo-blocking practices is the most recent notch in the Commission’s belt. 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. 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. 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. Commission’s record fine for gun jumping upheld Pre-closing covenants protecting the target’s value or commercial integrity pending merger clearance from the European Commission must be drafted carefully. Google Shopping: self-preferencing can be abusive The European Court of Justice has confirmed that Google abused its dominance by favouring its own shopping comparison service and demoting competing ones. However, not all favouritism is doomed. Third time lucky: Intel wins loyalty rebate battle at EU top court The European Court of Justice has upheld the annulment of Intel’s EUR 1.06 billion fine for abuse of dominance. The judgment provides guidance on how to assess the anti-competitiveness of loyalty rebates. 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. 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. 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. Pagination Current page 1 Page 2 Page 3 Page 4 Next page
Not so fast - General Court clarifies merger control test There is no magical number when it comes to “4-to-3” telecom mergers. On 28/5/2020, the EU’s General Court handed down a landmark judgment annulling a 2016 decision of the European Commission blocking the merger between O2 UK and Three.
European Commission adopts merger simplification package to reduce red tape The European Commission recently adopted a package to simplify its procedures for reviewing concentrations under the EU Merger regulation. Under the new rules, more cases can benefit from the simplified procedure.
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”.
Bekrachtiging Europese Klimaatwet en onthulling klimaatpakket ‘Fit for 55’ Met de bekrachtiging van de Europese Klimaatwet door het Europees Parlement en de introductie van het klimaatpakket 'Fit for 55', wordt het duidelijker hoe de weg naar een klimaatneutraal Europa er uit gaat zien.
De Europese Klimaatwet uitgelicht Op 21 april 2021 is een voorlopig akkoord bereikt over de Europese Klimaatwet. Deze Klimaatwet kan worden gezien als de kern van de Europese Green Deal, die in december 2019 werd gepubliceerd door de Europese Commissie.
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.
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.
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.
Game over? Gaming companies fined for geo-blocking The Commission’s cross-border sales crusade seems far from over. The EUR 7.8 million fine imposed on distribution platform owner Valve and five PC video games publishers for geo-blocking practices is the most recent notch in the Commission’s belt.
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.
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.
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.
Commission’s record fine for gun jumping upheld Pre-closing covenants protecting the target’s value or commercial integrity pending merger clearance from the European Commission must be drafted carefully.
Google Shopping: self-preferencing can be abusive The European Court of Justice has confirmed that Google abused its dominance by favouring its own shopping comparison service and demoting competing ones. However, not all favouritism is doomed.
Third time lucky: Intel wins loyalty rebate battle at EU top court The European Court of Justice has upheld the annulment of Intel’s EUR 1.06 billion fine for abuse of dominance. The judgment provides guidance on how to assess the anti-competitiveness of loyalty rebates.
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.
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.
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.