445 results Dominant firm may refuse to supply retailer after initial delivery The Brussels Court of Appeal has held that a dominant producer firm may have valid reasons to refuse further supplies to a retailer, despite its dominance and despite previous deliveries. Google Shopping: self-preferencing is a form of abuse of dominance On 10 November 2021, the General Court (GC) almost entirely dismissed Google’s action against the European Commission’s Google Shopping decision. Upward referral of killer acquisitions: enlightened or one-stop shop flop? Companies involved in M&A deals falling below the EU and national notification thresholds need to think twice about their deal’s potential impact on competition from now on. Abuse of economic dependence: lessons drawn from the first judgments On 22 August 2020, the ban on abuse of economic dependence was implemented in Belgium. Now that almost a year has passed and the first judgments have been rendered, we assess what first lessons can be drawn from these judgments. Ratification of European Climate Law and unveiling of the ‘Fit for 55’ climate package 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. Stibbe advises Novy Stibbe assisted the shareholders of Novy with the sale of their shares to the American group Middleby. Stibbe wins four awards at the Benchmark Litigation Europe Awards 2021 Our Brussels office is honoured to have won four awards at the annual Benchmark Litigation Europe Awards ceremony last night. These awards celebrate the leading litigators and most impactful disputes across Europe. Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance. Triple-check merger info to prevent costly fines – or worse Companies should check their merger information for accuracy, truthfulness and completeness before handing it over to the European Commission. 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. First material judgment in Dutch damages proceedings in trucks infringement In its judgment of 12 May 2021, the Amsterdam District Court ruled that it has not been established that it is definitively excluded that the trucks infringement led to damage to the claimants. 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. Amsterdam Court of Appeal accepts jurisdiction in competition law damages case concerning Greek beer market On 16 February 2021, the Amsterdam Court of Appeal set aside a judgment of the Amsterdam District Court in which the District Court declined jurisdiction over the alleged claims against Athenian Brewery, a Greek subsidiary of Heineken N.V. 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. Pagination Previous page Page 3 Current page 4 Page 5 Page 6 Next page
Dominant firm may refuse to supply retailer after initial delivery The Brussels Court of Appeal has held that a dominant producer firm may have valid reasons to refuse further supplies to a retailer, despite its dominance and despite previous deliveries.
Google Shopping: self-preferencing is a form of abuse of dominance On 10 November 2021, the General Court (GC) almost entirely dismissed Google’s action against the European Commission’s Google Shopping decision.
Upward referral of killer acquisitions: enlightened or one-stop shop flop? Companies involved in M&A deals falling below the EU and national notification thresholds need to think twice about their deal’s potential impact on competition from now on.
Abuse of economic dependence: lessons drawn from the first judgments On 22 August 2020, the ban on abuse of economic dependence was implemented in Belgium. Now that almost a year has passed and the first judgments have been rendered, we assess what first lessons can be drawn from these judgments.
Ratification of European Climate Law and unveiling of the ‘Fit for 55’ climate package 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.
Stibbe advises Novy Stibbe assisted the shareholders of Novy with the sale of their shares to the American group Middleby.
Stibbe wins four awards at the Benchmark Litigation Europe Awards 2021 Our Brussels office is honoured to have won four awards at the annual Benchmark Litigation Europe Awards ceremony last night. These awards celebrate the leading litigators and most impactful disputes across Europe.
Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance.
Triple-check merger info to prevent costly fines – or worse Companies should check their merger information for accuracy, truthfulness and completeness before handing it over to the European Commission.
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.
First material judgment in Dutch damages proceedings in trucks infringement In its judgment of 12 May 2021, the Amsterdam District Court ruled that it has not been established that it is definitively excluded that the trucks infringement led to damage to the claimants.
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.
Amsterdam Court of Appeal accepts jurisdiction in competition law damages case concerning Greek beer market On 16 February 2021, the Amsterdam Court of Appeal set aside a judgment of the Amsterdam District Court in which the District Court declined jurisdiction over the alleged claims against Athenian Brewery, a Greek subsidiary of Heineken N.V.
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.