254 results AG Emiliou: careful treading in hybrid cartel procedures On 12 May 2022, Advocate General (AG) Emiliou delivered his Opinion proposing that the European Court of Justice (ECJ) dismiss HSBC’s appeal. Are you ready for the new Dutch and EU transactional hurdles? Companies beware: new Dutch and EU transactional hurdles are coming closer. In the Netherlands, new national security investment screening rules are imminent. Employers beware: final warning for “job cartels” Only months after suspending an investigation into a possible wage-fixing cartel, the Dutch Authority for Consumers and Markets (ACM) has warned employers, employers’ organisations, and trade associations to not engage in no-poach agreements. Getting the Deal Through – Cartel Regulation 2022 Roos Elemans, Stijn de Jong and Kaj Privé contributed to Getting the Deal Through – Cartel Regulation 2022. In their publication, they discuss important issues that apply to cartel regulation in the Netherlands. Court of Appeal provides guidance for further course of proceedings in prestressing steel litigation On 27 July 2021, the Court of Appeal of Den Bosch issued an interim judgment in the Dutch prestressing steel litigation, ruling on three issues. ACM walks the walk: first-ever vertical price coordination fine The Dutch Competition Authority (“ACM”) has claimed a first victim in its vertical restraints battle. Samsung Electronics was fined nearly EUR 40 million for having meddled in the online resale prices for televisions at seven retailers. 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. 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. Adopting the new Standard Contractual Clauses to secure international personal data transfers Recently, the European Commission issued an implementing decision on standard new contractual clauses (“SCCs”) for the transfer of personal data to countries outside the European Economic Area. Elske Raedts new counsel at Stibbe We are pleased to announce that Elske Raedts will be joining Stibbe’s Amsterdam office as counsel. Her appointment as from 1 May 2022 will further strengthen our leading competition practice. Game on for gatekeepers: Digital Markets Act finalised Now that political agreement has been reached on the final text, the Digital Markets Act (DMA) will enter into force soon. The DMA’s ex ante rules and obligations will apply next to the ad hoc EU and national competition rules. Stibbe advises The Hague, Staedion and Heijmans Stibbe advises the Municipality of The Hague, Housing Association Staedion, and Heijmans on a major inner city restructuring in The Hague area, consisting of the (re)development of 5,500 houses, commercial real estate and public areas. 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. Getting the Deal Through – Cartel Regulation 2021 Floris ten Have and Kaj Privé contributed to Getting the Deal Through – Cartel Regulation 2021. In their publication, Floris and Kaj discuss important issues that apply to cartel regulation in the Netherlands. Prove it or lose it: court sets aside ACM fines in two separate cases The Rotterdam District Court recently confirmed the high bar which has been set for the ACM when proving its case: the court annulled the fines imposed by the ACM in two different cases and, significantly, each for the same reason. Pagination Previous page Page 3 Current page 4 Page 5 Page 6 Next page
AG Emiliou: careful treading in hybrid cartel procedures On 12 May 2022, Advocate General (AG) Emiliou delivered his Opinion proposing that the European Court of Justice (ECJ) dismiss HSBC’s appeal.
Are you ready for the new Dutch and EU transactional hurdles? Companies beware: new Dutch and EU transactional hurdles are coming closer. In the Netherlands, new national security investment screening rules are imminent.
Employers beware: final warning for “job cartels” Only months after suspending an investigation into a possible wage-fixing cartel, the Dutch Authority for Consumers and Markets (ACM) has warned employers, employers’ organisations, and trade associations to not engage in no-poach agreements.
Getting the Deal Through – Cartel Regulation 2022 Roos Elemans, Stijn de Jong and Kaj Privé contributed to Getting the Deal Through – Cartel Regulation 2022. In their publication, they discuss important issues that apply to cartel regulation in the Netherlands.
Court of Appeal provides guidance for further course of proceedings in prestressing steel litigation On 27 July 2021, the Court of Appeal of Den Bosch issued an interim judgment in the Dutch prestressing steel litigation, ruling on three issues.
ACM walks the walk: first-ever vertical price coordination fine The Dutch Competition Authority (“ACM”) has claimed a first victim in its vertical restraints battle. Samsung Electronics was fined nearly EUR 40 million for having meddled in the online resale prices for televisions at seven retailers.
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.
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.
Adopting the new Standard Contractual Clauses to secure international personal data transfers Recently, the European Commission issued an implementing decision on standard new contractual clauses (“SCCs”) for the transfer of personal data to countries outside the European Economic Area.
Elske Raedts new counsel at Stibbe We are pleased to announce that Elske Raedts will be joining Stibbe’s Amsterdam office as counsel. Her appointment as from 1 May 2022 will further strengthen our leading competition practice.
Game on for gatekeepers: Digital Markets Act finalised Now that political agreement has been reached on the final text, the Digital Markets Act (DMA) will enter into force soon. The DMA’s ex ante rules and obligations will apply next to the ad hoc EU and national competition rules.
Stibbe advises The Hague, Staedion and Heijmans Stibbe advises the Municipality of The Hague, Housing Association Staedion, and Heijmans on a major inner city restructuring in The Hague area, consisting of the (re)development of 5,500 houses, commercial real estate and public areas.
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.
Getting the Deal Through – Cartel Regulation 2021 Floris ten Have and Kaj Privé contributed to Getting the Deal Through – Cartel Regulation 2021. In their publication, Floris and Kaj discuss important issues that apply to cartel regulation in the Netherlands.
Prove it or lose it: court sets aside ACM fines in two separate cases The Rotterdam District Court recently confirmed the high bar which has been set for the ACM when proving its case: the court annulled the fines imposed by the ACM in two different cases and, significantly, each for the same reason.