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Pay-for-delay: brightened lines between object and effect restrictions

In its first pay-for-delay case, the ECJ has clarified the criteria determining whether settlement agreements between a patent holder of a pharmaceutical product and a generic manufacturer may have as their object or effect to restrict EU competition law.

District Court in the Netherlands rules on limitation periods in CRT case

On 27 June 2018, the District Court of East-Brabant ruled on the limitation periods of a damages claim brought by Vestel in relation to the alleged cathode ray tubes (CRT) cartel.

General Court dismisses appeals by investor against power cable cartel fine

On 12 July 2018, the General Court dismissed the appeals against the fines imposed by the European Commission in the power cable cartel.

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.

Foreign Subsidies Regulation crosses the finish line

On 30 June 2022, the European Parliament and the European Council reached agreement on the final text of the Foreign Subsidies Regulation.

Stibbe advises leading Belgian telecom operator

Stibbe assisted a leading Belgian telecom operator in negotiations with a major European telecom operator on the offering of triple play (internet access, telephony and television) services on the Belgian market.

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.

The ACM has to pay: moral damages awarded to real estate traders

The Dutch Authority for Consumers and Markets (ACM) needs to cough up a total of EUR 120,000 in moral damages to three real estate traders.

It's in the details: HSBC fine quashed for insufficient reasoning

The General Court annulled the EUR 33.6 million fine imposed on banking group HSBC for its participation in the euro interest rates derivatives cartel.

The postman will no longer ring twice: Minister unblocks postal merger

The Dutch Authority for Consumers and Markets (ACM) recently blocked postal operator PostNL's acquisition of its only national competitor, Sandd, because this would create "a monopolist on the postal delivery market".

Stibbe advises Vodafone

Stibbe advises Vodafone Netherlands with the filing of a lawsuit with the Court of Rotterdam against the ACM in respect of its approval of KPN’s takeover of FTTH operator Reggefiber.

Competition law developments in 2022

While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent.

Abuse: an access request you can’t refuse?

The European Court of Justice has confirmed that the essential facilities test is limited to ‘pure’ access cases. Infringement of a regulatory access obligation must be assessed under the general framework for abuse of dominance.

Levelling the playing field in 2023: new tools and hurdles

While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent.

Meta fined for Facebook Marketplace’s Unfair Trading Conditions and Tying

Unfair trading conditions and tying are gaining traction as alleged abusive practices in the digital industry, as the European Commission fines Meta EUR 797.72 million for hindering competitors of Facebook Marketplace.

The ECJ’s ruling in Servier: Never Settle For Less

Patent settlement agreements between originator pharmaceutical companies and generics manufacturers are a risky business. Originator medicine company Servier and five generic companies rolled the dice and the ECJ largely confirmed their antitrust fines.

Commission steers market definition to the 21st century

Companies have a new and improved tool for the competitive assessment of their conduct and intended acquisitions. The European Commission has updated its guidance on how to define relevant markets for the purpose of EU competition law enforcement.

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.

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