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General Court confirms: no proof, no dawn raid

The Commission should think twice before conducting a dawn raid. The General Court partially annulled three Commission decisions ordering dawn raids at the premises of French supermarkets for a lack of sufficiently strong evidence.

Stibbe advises Nuvei Corporation

Stibbe has advised Nuvei Corporation, the global payment technology partner of thriving brands, on the acquisition of Smart2Pay.

Consumers and Sustainability: 2020 competition enforcement buzzwords

The ACM will include the effects of mergers on labour conditions in its review. It will also investigate excessive pricing of prescription drugs.

CDC/Kemira: Amsterdam Court of Appeal applies European principle of effectiveness to limitation periods

In a private enforcement case brought by CDC against Kemira, the Amsterdam Court of Appeal applies the European principle of effectiveness and rules that claims are not time-barred under Spanish, Finnish and Swedish law.

Den Bosch Court of Appeal revives damages claims in Dutch prestressing steel litigation

On 28 January 2020, the Court of Appeal of Den Bosch issued a ruling in the Dutch prestressing steel litigation.

No full judicial review of each document seized during dawn raid

Companies should keep a careful record of which documents the Belgian Competition Authorities seize during a dawn raid.

The ACM may cast the net wide in cartel investigations

Companies beware: the ACM may not need to specify the scope of its investigation into suspected cartel infringements in as much detail as expected.

Pay-for-delay: brightened lines between object and effect restrictions

In its first pay-for-delay case, the ECJ has clarified the criteria determining whether settlement agreements between a patent holder of a pharmaceutical product and a generic manufacturer may have as their object or effect to restrict EU competition law.

Stibbe advises Cornelis Vrolijk

Stibbe advised fishing company Cornelis Vrolijk on the acquisition of the majority of the shares of Bertus-Dekker Seafood BV.

Stibbe advises NRGValue

Stibbe advises NRGValue on the sale of its 97 site Esso branded network in the Netherlands to EG Group.

Stibbe advises PostNL and ING

Stibbe advises PostNL and ING on the sale of their shares in book store chain Bruna to the Dutch publisher VBK (rebranded as Shared Stories Group).

Stibbe advises Heineken

Stibbe advises Heineken on its strategic partnership agreement with Sligro Food Group.

Stibbe advises HKS Metals

Stibbe advised HKS Metals on the acquisition of Van Dalen Recycling. HKS Metals is the largest metal recycling company in the Netherlands and part of TSR/Remondis.

Stibbe represents Heineken

Stibbe acts as defence counsel for Heineken and its subsidiary Athenian Brewery in an action for damages brought by Vergina, a competitor on the Greek market, before the Amsterdam District Court.

Het Besluit stikstofreductie en natuurverbetering is ter consultatie gegaan

De minister van LNV had er verschillende oppositiepartijen voor nodig, maar het is haar gelukt: begin december 2020 werd bekend dat er voldoende steun is voor de Wet stikstofreductie en natuurverbetering (ook wel: de stikstofwet, of de “Wsn”).

ACM study calls for regulation of Big Techs on payment market

The ACM’s market study, published on 1 December 2020, provides an overview of recent and upcoming developments concerning the role of Big Tech companies in both online and offline payment markets in the Netherlands.

Do the math: ACM publishes strategy on monitoring use algorithms

The ACM worries that the use of algorithms may lead to the creation of cartels, or nudge consumers towards a purchasing decision that is not in their best interest.

Amsterdam District Court puts a halt to unlimited forum shopping

On 25 November 2020, the Amsterdam District Court (the Court) declined jurisdiction over all non-Dutch defendants (the foreign defendants) in proceedings for compensation of damage based partly on an infringement of Article 101 TFEU.

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