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Foreign subsidies: another addition to the M&A checklist

Checking for merger control notification obligations and Foreign Direct Investment screening mechanisms will be on the list for most companies involved in M&A deals.

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.

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.

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. 

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.

C'est le ton qui fait la musique – The end of employer copyrights?

The CJEU decision in the National Orchestra of Belgium decision shakes up employer copyright in the Netherlands. With new consent and compensation requirements, are your employment contracts still airtight? Discover the implications of the decision here.

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.

FDI screening guidance: shedding some light in the darkness

The Dutch general investment screening regime came into effect in June 2023. Decisions are not yet publicly available. However, three guidance papers list the practical experience gained so far and help to assess whether a transaction is notifiable.

Tom Verdonk defends Ph.D. on competition law and food security

His dissertation entitled “Seeds of Market Power” examines how EU competition law can promote both fair access to innovation and food security through collaborative licensing in the seed and biotech sectors.

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.

COVID-19: fast-forwarding competition law

Competition authorities are temporarily ‘green-lighting’ certain collaboration initiatives to safeguard the supply of essential products in light of the COVID-19 outbreak.

EU competition policy agenda: full to the brim

The European Commission’s competition policy agenda stretches to 2024 and contains plans for many new or revised rules and guidelines.

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.

Cigarettes producers fined for alleged indirect info exchange

Enforcement of competition rules in relation to indirect information exchange seems to be catching on; while the European Commission only flagged the risks in its consumer electronics cases, the ACM has taken up the challenge and imposed fines.

On the right track? GC sends mixed messages with Lithuanian Railways

The essential facilities doctrine imposes on holders of indispensable facilities a duty to deal with their competitors.

Purely commercial interest also a legitimate interest? Council of State leaves the question unanswered.

On 27 July 2022, the Council of State confirmed that the Dutch Data Protection Authority wrongly imposed a €575,000 fine on VoetbalTV.

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