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ACM publishes position paper on market dominance by tech companies

On 1 February 2018, the Dutch Authority for Consumers and Markets (ACM) published a position paper setting out its strategy in relation to market dominance of internet and technology companies.

General market studies are insufficient proof to establish dominance, two Dutch District Courts rule

In two recently published Dutch District Court judgments, the high evidentiary standard for invoking competition law arguments in civil proceedings was confirmed.

Court of Justice: Suppliers of luxury goods may prohibit their authorised distributors from selling on third party internet platforms

On 6 December 2017, the Court of Justice rendered its much anticipated judgment in a dispute between a supplier of luxury cosmetics (Coty) and one of its authorised resellers.

Court of Justice dismisses appeal by Telefónica on non-compete clause in telecoms transaction

On 13 December 2017, the Court of Justice dismissed the appeal brought by Telefónica against a judgment of the General Court (GC) regarding a non-compete agreement [see our July 2016 Newsletter].

Stibbe advises Heineken

Stibbe advises Heineken on its strategic partnership agreement with Sligro Food Group.

Stibbe advises the NVB

Stibbe advises the NVB (the Dutch Banking Association) following a “dawn raid” carried out by the European Commission at the premises of the Dutch Banking Association in October 2017.

UK Court upholds fine against Ping for online sales ban

On 7 September 2018, the UK Competition Appeal Tribunal (CAT) upheld the UK Competition and Market Authority's (CMA) decision fining Ping Europe Limited, a manufacturer of golf clubs, for violating EU and UK competition law.

Dutch Trade and Industry Appeals Tribunal annuls mail market analysis decision

On 3 September 2018, the Trade and Industry Appeals Tribunal (CBb) annulled the market analysis decision regarding 24-hour business mail issued by the Dutch Authority for Consumers and Markets (ACM) on 27 July 2017.

Court of Justice refers case against Infineon in relation to smart card chips cartel back to the General Court

On 26 September 2018, the European Court of Justice partially set aside the judgment of the General Court in the smart card chips cartel case.

Rotterdam District Court quashes cartel fines imposed by the ACM on cold storage operators

On 12 April 2018, the District Court of Rotterdam quashed four fines imposed by the Dutch Authority for Consumers and Markets (ACM) on cold storage operators and their respective directors for violating the cartel prohibition.

European Commission imposes record fine on Altice for premature implementation of PT Portugal acquisition

On 24 April 2018, the European Commission announced that it had imposed a fine of EUR 124.5 million on Altice for acquiring control of PT Portugal before clearance by the Commission ('gun-jumping').

District Court rules on the preliminary defences in CRT case

On 29 November 2017, the District Court of East-Brabant ruled in four separate judgments on preliminary defences raised by defendants in damages claims brought by various Brazilian claimants in relation to the alleged cartel in cathode ray tubes (CRT).

ACM study calls for regulation of Big Techs on payment market

The ACM’s market study, published on 1 December 2020, provides an overview of recent and upcoming developments concerning the role of Big Tech companies in both online and offline payment markets in the Netherlands.

Gatecrashing gatekeepers? The EU’s digital reform is out

Christmas is a time for contemplation, and the proposals of the long-awaited Digital Markets Act and Digital Services Act may give gatekeepers and other online intermediaries even more reason to be pensive this year.

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.

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.

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.

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.

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