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68 results

French supermarket dawn raids down the drain

On 9 March 2023, the European Court of Justice (ECJ) ruled that the European Commission should properly record interviews if they are used to gather information regarding the subject matter of the investigation.

Dawn raid drama: bycatch and data rooms

Beware of the fine line in antitrust investigations between illegal fishing expeditions and accidental discoveries pointing at a separate antitrust infringement.

European Commission adopts merger simplification package to reduce red tape

The European Commission recently adopted a package to simplify its procedures for reviewing concentrations under the EU Merger regulation. Under the new rules, more cases can benefit from the simplified procedure.

2022: the big reveal of 2021’s competition law promises

2021 was riddled with sneak previews of a “review of competition policy tools with unprecedented scope and ambition”.

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.

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.

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.

Net(work) closing in on cross-border cartels?

A heads-up for companies with cross-border activities. The ECN+ Directive’s transposition deadline has expired and its provisions should by now have found their way into the national laws of the EU Member States.

CJEU clarifies jurisdiction for follow-on damage claims

The Court of Justice of the European Union recently further clarified which courts within the EU have jurisdiction to hear follow-on damage claims.

Netherlands FDI regime protecting national security is getting closer

On 30 June 2021, a legislative proposal introducing an investment screening on grounds of national security in the Netherlands was submitted to the House of Representatives.

ACM issues first excessive pricing fine in pharma

On 1 July 2021, the Dutch Authority for Consumers and Markets (ACM) imposed a fine of EUR 19.5 million on drug manufacturer Leadiant for excessive pricing of their orphan drug CDCA-Leadiant.

Horizontal cooperation: from the dark side to the light?

Recent enforcement action shows that companies involved in data sharing and data pooling or sustainability cooperation need to tread carefully.

Game on for gatekeepers: Digital Markets Act finalised

Now that political agreement has been reached on the final text, the Digital Markets Act (DMA) will enter into force soon. The DMA’s ex ante rules and obligations will apply next to the ad hoc EU and national competition rules.

ECJ in Bpost and Nordzucker: clearer limits for non bis in idem

On 22 March 2022, the European Court of Justice (ECJ) offered companies investigated for the same conduct by several authorities clarity on the core principles of the application of the non bis in idem (double jeopardy) protection.

Pfizer may be off the hook, but ACM pharma supervision continues

Pharma companies beware: discount schemes by former patent owners raise red flags at competition authorities.

Belgian Competition Authority approves merger between Port of Antwerp and Port of Zeebrugge

By decision of 7 January 2022, the Belgian Competition Authority approved the merger between the Port of Antwerp and the Port of Zeebrugge. This merger deals with two important ports in Europe, in particular in the Hamburg – Le Havre range.

Abuse of economic dependence does not require contractual relationship

On 20 February 2025, the Belgian Supreme Court confirmed that under Belgian law an abuse of economic dependence may be found even in a situation where there is no contractual relationship between the companies involved.

Google Shopping: self-preferencing can be abusive

The European Court of Justice has confirmed that Google abused its dominance by favouring its own shopping comparison service and demoting competing ones. However, not all favouritism is doomed.

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