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The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices.

Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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