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Companies beware: new Dutch and EU transactional hurdles are coming closer. In the Netherlands, new national security investment screening rules are imminent.

Companies should brace themselves for multiple multi-jurisdictional dawn raids over the coming months.

De Afdeling oordeelt in haar uitspraak van 28 april 2021 (ECLI:NL:RVS:2021:908) voor de eerste keer expliciet dat een weigering om van een in rechte onaantastbaar besluit terug te komen evident onredelijk is.

The Dutch Competition Authority (“ACM”) has claimed a first victim in its vertical restraints battle. Samsung Electronics was fined nearly EUR 40 million for having meddled in the online resale prices for televisions at seven retailers.

The European Commission has published a Policy Brief setting out its preliminary views on how to fit the European Green Deal’s sustainability goals into the EU competition rules.

The European Court of Justice has confirmed that Google abused its dominance by favouring its own shopping comparison service and demoting competing ones. However, not all favouritism is doomed.

The European Court of Justice has upheld the annulment of Intel’s EUR 1.06 billion fine for abuse of dominance. The judgment provides guidance on how to assess the anti-competitiveness of loyalty rebates.

Roos Elemans en Simone Evans staan in een artikel voor het Tijdschrift Mededingingsrecht in de Praktijk stil bij de vraag: wel of geen beroep instellen tegen een concentratiebesluit?

The Commission recently published its Draft Guidelines on Exclusionary Abuses of Dominance, which are meant to reflect the EU case law. However, they seem to deviate on important aspects, arguably simplifying the assessment for establishing an abuse.

The Dutch general investment screening regime came into effect in June 2023. Decisions are not yet publicly available. However, three guidance papers list the practical experience gained so far and help to assess whether a transaction is notifiable.

For the first time, the Dutch Authority for Consumers and Markets conducted a merger review involving a ‘roll-up strategy’. The outcome of another roll-up strategy merger assessment is pending.

Tom Verdonk has co-edited the book ‘Unfair Trading Practices in the Agricultural and Food Supply Chain’, recently published by Larcier-Intersentia.

The Rotterdam District Court has annulled the Dutch Minister’s very first clearance of a blocked merger (between postal operators PostNL and Sandd), on grounds of public interest.

Cross-border acquisitions and mergers may soon have an extra hurdle to cross before receiving the green light. In the EU, the development of FDI screening mechanisms has gained speed after COVID-19.

Many Member States are taking measures to support the economy during the COVID-19 crisis. The European Commission’s Temporary Framework enables the rapid approval of certain types of State aid.

Competition authorities are temporarily ‘green-lighting’ certain collaboration initiatives to safeguard the supply of essential products in light of the COVID-19 outbreak.

The European Commission’s competition policy agenda stretches to 2024 and contains plans for many new or revised rules and guidelines.