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Guess what, online branding restrictions are on the Commission's radar

Companies are probably aware of the Commission's eagerness to clamp down on online resale price maintenance and geo-blocking restrictions. The recent fine for vertical restraints by clothing company Guess marks a new dot on the Commission's radar.

Brush up and avoid dawn raid drama - the clock is ticking

There is no time like the present for companies to give their staff an opportunity to brush up on their responsibilities so they know what to do during dawn raids.

Pharmaceutical companies beware: excessive pricing enforcement is thriving

On 28 November 2018, the Organization for Economic Cooperation and Development (OECD) held a discussion on excessive pricing by pharmaceutical companies, which is a hot topic in enforcement practice throughout Europe.

Franchise argument in laundry cartel does not wash with Dutch court

Companies participating in a franchise agreement are advised to carefully assess possible competition law concerns, particularly if the franchisees are (potential) competitors.

Access to the file in Dutch competition procedures: too little too late?

Companies beware: the ACM’s and European Commission’s approach to access to the file are not aligned. According to an interim relief judge, the ACM cannot be forced to grant a company access to a broader set of documents in competition procedures.

Deleting WhatsApp chats during dawn raids may cost you dearly

Companies should be aware that the Dutch competition authority (ACM) will not only examine electronic records and emails, but can also check WhatsApp messages during dawn raids.

Floodgates open? ECJ allows cartel damage claim for remote economic loss

A mantra of EU competition law is that "any person" can claim full compensation for all the loss caused to him or her through a competition law infringement.

Competition rules and globalisation to face off in 2020

2020 will likely revolve around the question whether competition rules should yield to globalisation and digitisation, with suggestions ranging from mere tweaks to competition rules to complementary regulation.

New deal for online deals - EU consumer protection adapted to the digital era

As part of the New Deal for Consumers, aimed to strengthen EU consumer protection in light of the digital era, a new Directive 2019/2161 of 27 November 2019 has been adopted.

TenderNed en Klic-viewer: innoveren met overheidsinformatie kan een riskante onderneming zijn

Aanbieders van online-diensten en applicaties kunnen niet altijd rekenen op bescherming van hun marktpositie op basis van de staatssteun- en mededingingsregels. Dit blijkt uit een onlangs gewezen uitspraak van de hoogste Unierechter.

Swifter merger clearance and shorter merger filings in Belgium

Companies can expect swifter merger clearance and simpler filing rules in Belgium. The Belgian Competition Authority has published a communication with additional rules concerning the simplified procedure for certain types of concentrations.

CBb confirms: no cartel fine, still interest to appeal cartel decision

Companies can challenge a decision establishing that they committed a competition law violation, even if no fine was imposed on them.

Commission continues cross-border trade crusade

The European Commission is on a roll in its fight against territorial sales restrictions.

Commission’s objectives in the digital sector focus on “fairness"

On 19 February 2020, the European Commission revealed the first pillars of its strategic and policy objectives in the digital space over the next five years.

ECJ confirms: gun jumping is double trouble

Companies beware: the European Court of Justice has confirmed the Commission’s practice of imposing two separate fines for gun jumping.

Stibbe advises ADNOC

Stibbe together with Shearman & Sterling advised the Abu Dhabi National Oil Company (ADNOC) on the acquisition of a 10% interest in VTTI BV, the owner and operator of storage terminals in 14 countries.

Call of duty: Commission must state reasons when straying from its guidelines

The European Commission has lost a second battle concerning its EUR 15 million fine imposed upon interdealer broker ICAP, this time before the European Court of Justice.

Brand owners beware: Commission tough on cross-border sales restrictions

The European Commission recently imposed a EUR 6.2 million fine on Hello Kitty owner Sanrio for preventing its licensees from selling licensed merchandising products across the entire EEA.

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