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No full judicial review of each document seized during dawn raid

Companies should keep a careful record of which documents the Belgian Competition Authorities seize during a dawn raid.

European Commission issues a new Best Practices Code for State aid control

On 16 July 2018, the European Commission adopted a new Best Practices Code for State aid control. With this code the Commission aims to provide clarity to Member States, businesses and stakeholders about the day-to-day conduct of State aid procedures.

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.

Court of Justice dismisses all appeals against cartel decision in the freight forwarding sector

On 1 February 2018, the European Court of Justice dismissed the appeals by several freight forwarders for their participation in various infringements in the sector for international air freight forwarding services.

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.

European Commission must reassess Lufthansa's request to waive merger commitments

On 16 May 2018, the General Court partially annulled the European Commission's rejection of Lufthansa's request to waive pricing commitments it had given when it acquired Swiss International Air Lines (Swiss) in 2005.

Caitlin De Luyck

Junior Associate Brussels

Stibbe represents retail company

Stibbe represented an upmarket department store company in the highly publicized proceedings before Belgium’s Supreme Court (Hof van Cassatie/Cour de cassation) regarding the validity of the national sales period legislation in light of EU law.

Stibbe advises Martinair Holland

Advising Martinair Holland with regard to the investigation by the European Commission into the air cargo sector.

Digital Law Up(to)date: The European Commission publishes the draft of the Data Act

On 23 February 2022, the European Commission published its draft Data Act, i.e. a proposal for a regulation on harmonised rules on fair access to and use of data. The text is part of the European strategy for data launched by the Commission in 2020.

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.

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.

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.

Court of Appeal applies competition notion of undertaking in civil damages claim

The Court of Appeal of Arnhem – Leeuwarden recently applied the competition law notion of an 'undertaking' in a civil damages suit between TenneT and an entity belonging to the Alstom group of companies.

EFTA Court offers guidance for assessing national limitation periods for follow-on damages claims

On 17 September 2018, the Court of Justice of the European Free Trade Association (EFTA Court) ruled that national limitation periods should not make damages claims impossible or excessively difficult.

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