442 results First trip around the sun: FSR – one year in review The Foreign Subsidies Regulation has celebrated one year of its application. Time for companies to take stock of the lessons learnt from key developments of this first year. However, ambiguities remain and more is yet to come. Watch this space! EU lift cartel damage claim rejected by Brussels Court of Appeal After 16 years of court battle, the Brussels Court of Appeal has rejected the EU’s EUR 12 million (+ interest) damage claim against the four lift producers that participated in the lift cartel fined in 2007. Commission takes labour market enforcement to the next level Employers beware: the European Commission is strengthening its actions against anticompetitive practices in labour markets. In its recent Competition Policy Brief it takes a tough stance. Companies are well-advised to review their employment practices. Key developments in sustainability claims in 2022 In 2022, the ACM and the European Commission put the spotlight on the accuracy of companies’ sustainability claims. Notably, the ACM published several market studies and adopted commitment decisions concerning allegedly misleading sustainability claims. Stibbe advises RWE on the EU merger control aspects of its acquisition of the Magnum power plant in Eemshaven Stibbe advises RWE on the acquisition from Vattenfall of the state-of-the-art gas-fired power plant Magnum with a capacity of 1.4 gigawatt and a 5.6 megawatts solar plant at Eemshaven, the Netherlands. Dutch court confirms: Samsung's 'price recommendations' practices were unlawful The Rotterdam District Court has delivered its judgment in the ACM's first-ever vertical restraints case. It upholds the fine imposed on Samsung for coordinating its retailers' online consumer prices under the pretence of 'price recommendations'. Navigating access refusals after the ECJ’s Google Android Auto-ruling Big Tech faces challenges when denying third parties access to its open platforms. The European Court of Justice has ruled that a dominant company’s refusal to make its open platform compatible with a third-party app may be abusive. Commission publishes PSD3 and PSR Proposal; a tightening of the regulation of payment services providers in the EU On June 28, 2023, the European Commission published a set of new legislative proposals, including PSD3, aimed at ushering in the digital era for payments and the broader financial sector, with a particular focus on consumers. Google Android-ruling: Commission flunks AEC test once again The AEC test has likely assumed mythic status at the European Commission with the EU courts striking down its AEC analysis for a third time. Nevertheless, the Commission seems on the right track to tackling abuse of dominance in the digital sector. The Foreign Subsidies Regulation’s initial focus on China Although the text of the Foreign Subsidies Regulation is not aimed at specific countries, the European Commission’s initial enforcement actions appear to be targeting Chinese subsidies. Court of Appeal overturns first instance judgment and establishes that several prestressing steel producers are liable for the potential loss alleged by Deutsche Bahn The Court of Appeal of 's-Hertogenbosch ruled that several producers of prestressing steel are jointly and severally liable for potential loss that Deutsche Bahn may have suffered as a result of an infringement of competition law rules. Hannae Achak Junior Associate Brussels Ready, set, go! The Dutch national security screening FDI regime takes off The Dutch Investments, Mergers and Acquisitions Security Screening Act (Wet veiligheidstoets investeringen, fusies en overnames – Vifo Act) entered into force on 1 June 2023. Widening the net: The Dutch government proposes to broaden the scope of the Vifo Act The Vifo Act continues to evolve: Dutch government to extend the scope of the general Dutch FDI screening regime to cover six additional technologies. Killing three birds with one stone: Illumina wins Article 22 battle The ECJ wrote the epilogue to the Illumina/Grail saga, overturning the EC’s novel ‘Article 22’ approach. It is now clear that the EC cannot accept referral requests to review transactions that fall below the thresholds of national merger control regimes. Taking initiative: ACM catches transaction ahead of new powers M&A transactions falling below the merger notification thresholds are not necessarily exempt from scrutiny. Companies should therefore carefully assess the potential competitive impact of their transactions, as the ACM has proven to be vigilant. Happy first anniversary! One year of the Vifo Act: an update On the first of June, the Dutch national security investment screening regime (the Vifo Act) celebrated its first anniversary. Time to take stock of key findings and forthcoming developments. First application of Towercast in Belgium and merger filing exemption for certain hospital merger The Belgian Competition Authority has applied the Towercast case law in a first case in Belgium. It could possibly try do so again for certain hospital mergers that the legislator has recently exempted from merger filing in Belgium. Pagination Previous page Page 22 Current page 23 Page 24 Page 25 Next page
First trip around the sun: FSR – one year in review The Foreign Subsidies Regulation has celebrated one year of its application. Time for companies to take stock of the lessons learnt from key developments of this first year. However, ambiguities remain and more is yet to come. Watch this space!
EU lift cartel damage claim rejected by Brussels Court of Appeal After 16 years of court battle, the Brussels Court of Appeal has rejected the EU’s EUR 12 million (+ interest) damage claim against the four lift producers that participated in the lift cartel fined in 2007.
Commission takes labour market enforcement to the next level Employers beware: the European Commission is strengthening its actions against anticompetitive practices in labour markets. In its recent Competition Policy Brief it takes a tough stance. Companies are well-advised to review their employment practices.
Key developments in sustainability claims in 2022 In 2022, the ACM and the European Commission put the spotlight on the accuracy of companies’ sustainability claims. Notably, the ACM published several market studies and adopted commitment decisions concerning allegedly misleading sustainability claims.
Stibbe advises RWE on the EU merger control aspects of its acquisition of the Magnum power plant in Eemshaven Stibbe advises RWE on the acquisition from Vattenfall of the state-of-the-art gas-fired power plant Magnum with a capacity of 1.4 gigawatt and a 5.6 megawatts solar plant at Eemshaven, the Netherlands.
Dutch court confirms: Samsung's 'price recommendations' practices were unlawful The Rotterdam District Court has delivered its judgment in the ACM's first-ever vertical restraints case. It upholds the fine imposed on Samsung for coordinating its retailers' online consumer prices under the pretence of 'price recommendations'.
Navigating access refusals after the ECJ’s Google Android Auto-ruling Big Tech faces challenges when denying third parties access to its open platforms. The European Court of Justice has ruled that a dominant company’s refusal to make its open platform compatible with a third-party app may be abusive.
Commission publishes PSD3 and PSR Proposal; a tightening of the regulation of payment services providers in the EU On June 28, 2023, the European Commission published a set of new legislative proposals, including PSD3, aimed at ushering in the digital era for payments and the broader financial sector, with a particular focus on consumers.
Google Android-ruling: Commission flunks AEC test once again The AEC test has likely assumed mythic status at the European Commission with the EU courts striking down its AEC analysis for a third time. Nevertheless, the Commission seems on the right track to tackling abuse of dominance in the digital sector.
The Foreign Subsidies Regulation’s initial focus on China Although the text of the Foreign Subsidies Regulation is not aimed at specific countries, the European Commission’s initial enforcement actions appear to be targeting Chinese subsidies.
Court of Appeal overturns first instance judgment and establishes that several prestressing steel producers are liable for the potential loss alleged by Deutsche Bahn The Court of Appeal of 's-Hertogenbosch ruled that several producers of prestressing steel are jointly and severally liable for potential loss that Deutsche Bahn may have suffered as a result of an infringement of competition law rules.
Ready, set, go! The Dutch national security screening FDI regime takes off The Dutch Investments, Mergers and Acquisitions Security Screening Act (Wet veiligheidstoets investeringen, fusies en overnames – Vifo Act) entered into force on 1 June 2023.
Widening the net: The Dutch government proposes to broaden the scope of the Vifo Act The Vifo Act continues to evolve: Dutch government to extend the scope of the general Dutch FDI screening regime to cover six additional technologies.
Killing three birds with one stone: Illumina wins Article 22 battle The ECJ wrote the epilogue to the Illumina/Grail saga, overturning the EC’s novel ‘Article 22’ approach. It is now clear that the EC cannot accept referral requests to review transactions that fall below the thresholds of national merger control regimes.
Taking initiative: ACM catches transaction ahead of new powers M&A transactions falling below the merger notification thresholds are not necessarily exempt from scrutiny. Companies should therefore carefully assess the potential competitive impact of their transactions, as the ACM has proven to be vigilant.
Happy first anniversary! One year of the Vifo Act: an update On the first of June, the Dutch national security investment screening regime (the Vifo Act) celebrated its first anniversary. Time to take stock of key findings and forthcoming developments.
First application of Towercast in Belgium and merger filing exemption for certain hospital merger The Belgian Competition Authority has applied the Towercast case law in a first case in Belgium. It could possibly try do so again for certain hospital mergers that the legislator has recently exempted from merger filing in Belgium.