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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.

General court dismisses all five appeals in the optical disk drives cartel

The General Court recently upheld a Commission decision finding that suppliers of optical disk drives colluded in bids for sales to Dell and HP by engaging in a network of parallel bilateral contacts over a multi-year period.

Dutch national police service liable for unlawful granting of firearms permit

In a recent decision (ECLI:NL:HR:2019:1409), the Supreme Court has decided that the Dutch national police force is liable for damage suffered by victims of a shooting which took place in a shopping centre in 2011; an event that shocked the Netherlands.

Wanted: fast solutions for fast-growing platforms

Dominant digital companies be warned: calls for additional tools to deal with powerful platforms in online markets are increasing.

No fine means no reason to appeal? Think again!

Whistleblowers who have had their fine reduced to zero may still have an interest in challenging an antitrust decision.

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