94 results ACM jumps on gun-jumping bandwagon Companies involved in multi-step acquisitions should beware of potential gun-jumping risks. The ACM has fined a trade association for failing to notify the acquisition of four pharmacies involving a consecutive partial resale. Second time lucky: Intel’s EUR 1.06 billion loyalty rebate fine quashed Intel’s second round at the General Court was significantly more successful than its first. In the first round, the General Court had failed to analyse whether the loyalty rebates at issue were capable of restricting competition. In the second round, afte 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. Costly Capsules: Court calls foul on Leadiant On 13 February 2025, the District Court of Rotterdam upheld the ACM’s approach in its ruling on the appeal against the regulator’s first-ever excessive pricing fine. 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. No impairment of the EC’s impartiality: ECJ upholds Scania judgment The ECJ upheld the Commission’s fine on Scania for participating in a cartel. The Commission’s impartiality is not necessarily impaired by having the Commission case team in charge of the settlement procedure also deal with the penalty decision. 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. 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. You win some, you lose some: Google AdSense decision annulled The General Court has annulled the EUR 1.49 billion fine imposed on Google. The Commission had failed to properly assess the allegedly abusive contractual clauses related to online advertising, including whether they actually had a lock-in effect. 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. The Commission’s ‘killer’ pharma campaign: reason to complain? The European Commission is on the prowl in the pharma sector. Recent cases on alleged disparagement and pipeline drugs-killings show that it is not afraid to show its teeth and, ultimately, bite. Digital antitrust conduct: too elusive to catch? The ink on the Digital Market Act has barely dried, but fast-evolving digital developments already have competition authorities calling for new tools. Is Big Tech not kept in check by the DMA, the antitrust rules and the EU Merger Regulation after all? Stibbe Amsterdam appoints three new partners We are pleased to announce that Stibbe Amsterdam has promoted Roos Elemans, Lotte Hover-Boon and Daisy Nijkamp to partner effective 1 January 2025. These appointments will further strengthen our EU and Competition Law, Tax and Litigation practices. Belgian watchdog tackles bid rigging 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. Settlement procedure and fine for vertical price fixing in Belgium The Belgian Competition Authority imposed a fine of €490,112 on Le Creuset for vertical price fixing (also known as resale price maintenance). 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. EU Compass: Boosting competitiveness as North Star Are ‘European champion’ companies walled off from unfair (foreign) competition the future? The European Commission recently presented its Competitiveness Compass to navigate the European Union to strengthened competitiveness. Sharing is caring? Commission can take over NCA probe The EU case cooperation mechanism does not create any rights for companies to have their case dealt with by a particular competition authority. Companies should therefore factor the dynamics of this cooperation mechanism into their defence strategies. Pagination Previous page Page 1 Current page 2 Page 3 Page 4 Next page
ACM jumps on gun-jumping bandwagon Companies involved in multi-step acquisitions should beware of potential gun-jumping risks. The ACM has fined a trade association for failing to notify the acquisition of four pharmacies involving a consecutive partial resale.
Second time lucky: Intel’s EUR 1.06 billion loyalty rebate fine quashed Intel’s second round at the General Court was significantly more successful than its first. In the first round, the General Court had failed to analyse whether the loyalty rebates at issue were capable of restricting competition. In the second round, afte
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.
Costly Capsules: Court calls foul on Leadiant On 13 February 2025, the District Court of Rotterdam upheld the ACM’s approach in its ruling on the appeal against the regulator’s first-ever excessive pricing fine.
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.
No impairment of the EC’s impartiality: ECJ upholds Scania judgment The ECJ upheld the Commission’s fine on Scania for participating in a cartel. The Commission’s impartiality is not necessarily impaired by having the Commission case team in charge of the settlement procedure also deal with the penalty decision.
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.
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.
You win some, you lose some: Google AdSense decision annulled The General Court has annulled the EUR 1.49 billion fine imposed on Google. The Commission had failed to properly assess the allegedly abusive contractual clauses related to online advertising, including whether they actually had a lock-in effect.
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.
The Commission’s ‘killer’ pharma campaign: reason to complain? The European Commission is on the prowl in the pharma sector. Recent cases on alleged disparagement and pipeline drugs-killings show that it is not afraid to show its teeth and, ultimately, bite.
Digital antitrust conduct: too elusive to catch? The ink on the Digital Market Act has barely dried, but fast-evolving digital developments already have competition authorities calling for new tools. Is Big Tech not kept in check by the DMA, the antitrust rules and the EU Merger Regulation after all?
Stibbe Amsterdam appoints three new partners We are pleased to announce that Stibbe Amsterdam has promoted Roos Elemans, Lotte Hover-Boon and Daisy Nijkamp to partner effective 1 January 2025. These appointments will further strengthen our EU and Competition Law, Tax and Litigation practices.
Belgian watchdog tackles bid rigging 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.
Settlement procedure and fine for vertical price fixing in Belgium The Belgian Competition Authority imposed a fine of €490,112 on Le Creuset for vertical price fixing (also known as resale price maintenance).
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.
EU Compass: Boosting competitiveness as North Star Are ‘European champion’ companies walled off from unfair (foreign) competition the future? The European Commission recently presented its Competitiveness Compass to navigate the European Union to strengthened competitiveness.
Sharing is caring? Commission can take over NCA probe The EU case cooperation mechanism does not create any rights for companies to have their case dealt with by a particular competition authority. Companies should therefore factor the dynamics of this cooperation mechanism into their defence strategies.