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No parking! Canon fined EUR 28 million for warehousing transaction structure

The European Commission has landed a third strike against gun-jumping, the prohibition to implement a transaction before notification to and clearance by the Commission.

Regulate tech giants and create European champions, says Dutch government

Companies beware: revised EU competition rules are on their way. 

Successful challenges to merger decisions seem to be the exception

The General Court recently confirmed the high degree of discretion enjoyed by the European Commission in the context of merger control decisions, particularly with respect to assessments of an economic nature.

Double-check your merger info - or face significant fines for inaccuracies

Failing to submit complete and accurate information to the European Commission during a merger investigation can have costly consequences.

Buckle up: the ACM is racing ahead with speedy solutions and more fines

The Dutch competition watchdog ACM will bite faster and fiercer, according to its new chairman Martijn Snoep. The ACM plans to shorten the length of its investigations by deciding on their merits sooner.

The need for speed in mergers is no reason to ignore rights of defence

On 16 January 2019, the European Court of Justice clarified the procedural guarantees the European Commission needs to provide to merging parties during merger reviews.

Wetsvoorstel tot implementatie Vierde Spoorwegpakket op 29 januari 2019 aangenomen

Eerder schreven wij een blogbericht over de implementatie van het zogenaamde 'Vierde Spoorwegpakket'. In navolging van de Tweede Kamer (9 oktober 2018) heeft de Eerste Kamer het daartoe strekkende wetsvoorstel op 29 januari 2019 aangenomen.

Foreign Direct Investment Screening in the EU

On 21 March 2019, Regulation 2019/452/EU was published providing for a framework for the screening of foreign direct investments into the European Union and its Member States. This Regulation shall apply from 11 October 2020.

15 aspects of Brexit you did not know

A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario.

Walking the tightrope between data protection and EU investigations

Two recent publications confirm that it is possible for companies to cooperate with a European Commission investigation and still comply with the data protection rules.

Guess what, online branding restrictions are on the Commission's radar

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.

Pharmaceutical companies beware: excessive pricing enforcement is thriving

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.

A problem shared is a problem halved: fine reduction and fine liability are correlated

Companies should beware that when held jointly responsible for a cartel infringement, a fine reduction granted to one of them could affect the joint and several liability of fines allocated to the remaining companies.

Franchise argument in laundry cartel does not wash with Dutch court

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

Consumers and Sustainability: 2020 competition enforcement buzzwords

The ACM will include the effects of mergers on labour conditions in its review. It will also investigate excessive pricing of prescription drugs.

CDC/Kemira: Amsterdam Court of Appeal applies European principle of effectiveness to limitation periods

In a private enforcement case brought by CDC against Kemira, the Amsterdam Court of Appeal applies the European principle of effectiveness and rules that claims are not time-barred under Spanish, Finnish and Swedish law.

The ACM may cast the net wide in cartel investigations

Companies beware: the ACM may not need to specify the scope of its investigation into suspected cartel infringements in as much detail as expected.

First Dutch excessive pricing case in pharma may be expected soon

On 7 March 2018, the president of the Dutch Authority for Consumers and Markets (ACM) together with two colleagues published a paper concerning the application of the competition rules in the pharmaceutical industry.

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