74 results Competition law in 2024: putting theory into practice 2023 marked the near finale of the European Commission’s overhaul of its competition policy, leaving only a few loose ends to tie up in 2024/2025. It is now time to watch theory be put into practice by the competition authorities and at the courts. From Farm to Fairness: Unpacking the Dutch Unfair Trading Practices Act for the Agri-Food Supply Chain Since 2021, Dutch rules against unfair trading practices, which implemented an EU Directive, apply to business-to-business relationships in agri-food supply chains. Enforcement by the ACM, initially slow, is now intensifying. 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. Digital Law Up(to)date: (1) Parliamentary initiatives about cyber attacks; (2) ‘Zero tariff’ options before the CJEU; and (3) Council of State, GDPR and encryption In this blog, we briefly present three interesting matters in the field of digital law: (1) Parliamentary initiatives to tackle cyber attacks; (2) 'Zero tariff' options and open internet access do not mix; (3) Council of State, GDPR and encryption. 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. De Dataverordening (“Data Act”) De Europese Commissie heeft op 23 februari 2022 de Europese dataverordening (“Data Act”) voorgesteld, die het delen van data beoogt te bevorderen. Steeds meer gegevens worden door mensen en machines gegenereerd, bewaard en hergebruikt. 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. 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. Pagination Previous page Page 1 Current page 2 Page 3 Page 4 Next page
Competition law in 2024: putting theory into practice 2023 marked the near finale of the European Commission’s overhaul of its competition policy, leaving only a few loose ends to tie up in 2024/2025. It is now time to watch theory be put into practice by the competition authorities and at the courts.
From Farm to Fairness: Unpacking the Dutch Unfair Trading Practices Act for the Agri-Food Supply Chain Since 2021, Dutch rules against unfair trading practices, which implemented an EU Directive, apply to business-to-business relationships in agri-food supply chains. Enforcement by the ACM, initially slow, is now intensifying.
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.
Digital Law Up(to)date: (1) Parliamentary initiatives about cyber attacks; (2) ‘Zero tariff’ options before the CJEU; and (3) Council of State, GDPR and encryption In this blog, we briefly present three interesting matters in the field of digital law: (1) Parliamentary initiatives to tackle cyber attacks; (2) 'Zero tariff' options and open internet access do not mix; (3) Council of State, GDPR and encryption.
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.
De Dataverordening (“Data Act”) De Europese Commissie heeft op 23 februari 2022 de Europese dataverordening (“Data Act”) voorgesteld, die het delen van data beoogt te bevorderen. Steeds meer gegevens worden door mensen en machines gegenereerd, bewaard en hergebruikt.
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.
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.