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The European Commission has published its first-ever in-depth decision under the Foreign Subsidies Regulation, marking a significant milestone in understanding the application of this regulatory tool. We identify important takeaways for future practice.

Paperwork, paperwork, paperwork. The industry voices have been clear about the Foreign Subsidies Regulation. But what is the authority’s view? We provide an update on recent developments, including the European Commission’s first policy brief.

The EU Court of Justice dismissed Amazon’s claim that the exclusion of Italy from the European Commission’s investigation into its Buy Box feature deprived Amazon of its protection against a parallel investigation by the Italian competition authority.

The rulings by the European Court of Justice (ECJ) on the discretionary powers of international sports associations to authorise alternative competitions show that the specifics of sports are no reason to tread lightly when applying EU competition rules.

Companies should not take competition rules lightly in their supply relationships. The EU General Court's Valve judgment and the ACM's LG decision illustrate the consistent attention to vertical restraints.

In recent cases in the fire protection and private security sectors, the Belgian Competition Authority has made the prosecution of bid-rigging one of its top priorities, imposing hefty fines on infringers for their participation in cartel schemes.

The EU General Court confirms that Qualcomm’s below-cost pricing strategy designed to eliminate competition was predatory. This judgment, the first of its kind in over a decade, provides useful guidance on predatory pricing practices.

The Commission’s fight to avoid paying interest to Deutsche Telekom is over. The ECJ upheld the right of companies to receive interest on unduly collected antitrust fines, carrying a hefty price tag for the Commission.

The ACM will, possibly as a prelude to an upcoming New Competition Tool, launch market investigations into five sectors. Companies are well-advised to prepare for upcoming market investigations and potential solutions for identified market failures.

The EU's proposed Green Claims Directive has emerged as a potential new framework aiming to tackle greenwashing and help consumers make greener choices when purchasing a product or using a service. 

The Stibbe ESG & Sustainability Conference took place on 25 June. The take aways on the two main topics Greenwashing vs. Greenbleaching and Climate Litigation can be found in a freely accessible one-pager.

On 23 January 2024, the ACM announced its priorities for 2024. The energy transition, the digital economy and sustainability are still on the ACM’s priority list, but now with better-equipped enforcement methods available.

Recent developments gave rise to write this update: the European Parliament has ratified the Climate Law and confirmed the goal of the European Union on climate neutrality by 2050. 

On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions.

The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP.