268 results COVID-19 impacts level and payment of antitrust fines As well as granting companies leeway on certain COVID-19 initiated collaborations (see our May 2020 newsletter), the coronavirus outbreak has also led competition authorities to take a more lenient stance towards fine calculations and payments. Prove it or lose it: court sets aside ACM fines in two separate cases The Rotterdam District Court recently confirmed the high bar which has been set for the ACM when proving its case: the court annulled the fines imposed by the ACM in two different cases and, significantly, each for the same reason. 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. Court applies Dutch law to all air freight cartel damages claims On May 1, the Amsterdam District Court ruled in two judgments (1) and (2) that Dutch law applies to all follow-on damages claims resulting from the international air freight cartel, mainly citing practical considerations for its decision. Cheaper beer ahead? AB InBev fined for cross-border sales restrictions Dominant companies beware of hindering cross-border sales between resellers through, for instance, labelling or packaging measures to make your products less attractive for import. 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. Low prices, high fines: Commission's creative purchase cartel fine upheld Companies should take note that the European Commission will deviate from its own general fining methodology if a particular case calls for it. The General Court recently upheld the Commission's novel fining approach in regard of a purchase cartel. Still standing: annulled Commission decision remains in force for non-appellant Steel producer Lucchini's claim for reimbursement of a EUR 14 million fine, on the basis that the decision was annulled on appeal from other parties, was recently rejected by the General Court. Dutch Trade and Industry Appeals Tribunal upholds appeal and confirms fines on taxi companies The Trade and Industry Appeals Tribunal (CBb) recently overturned two judgments of the Rotterdam District Court and confirmed the fines imposed on two taxi firms. Hoogste Europese rechter bevestigt dat overheden onrechtmatige staatssteun proactief moeten terugvorderen De maand maart 2019 zal vermoedelijk de juridisch handboeken ingaan als een historische maand voor het mededingings- en staatssteunrecht. Niet alleen deed het Hof van Justitie een baanbrekende uitspraak op het gebied van het verhaal van kartelschade. 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 ACM follows EU approach in its first pharmaceutical merger The Dutch Authority for Consumers and Markets (ACM) recently reviewed its first merger between two pharmaceutical companies. 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. Loyalty rebate scheme 'saved' by pharma company's market misconceptions The UK Competition and Markets Authority (CMA) recently closed its investigation into a discount scheme by dominant pharma company Merck Sharp & Dohme (MSD) aimed at preventing the National Health Service (NHS) from switching to competing biosimilars. General Court leaves door ajar for pharma companies in the Servier-case On 12 December 2018, the General Court partly annulled the Commission's decision to fine drug manufacturer and originator company Servier and five generic companies in a reverse payment patent settlement case. 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. Pagination Previous page Page 5 Current page 6 Page 7 Page 8 Next page
COVID-19 impacts level and payment of antitrust fines As well as granting companies leeway on certain COVID-19 initiated collaborations (see our May 2020 newsletter), the coronavirus outbreak has also led competition authorities to take a more lenient stance towards fine calculations and payments.
Prove it or lose it: court sets aside ACM fines in two separate cases The Rotterdam District Court recently confirmed the high bar which has been set for the ACM when proving its case: the court annulled the fines imposed by the ACM in two different cases and, significantly, each for the same reason.
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.
Court applies Dutch law to all air freight cartel damages claims On May 1, the Amsterdam District Court ruled in two judgments (1) and (2) that Dutch law applies to all follow-on damages claims resulting from the international air freight cartel, mainly citing practical considerations for its decision.
Cheaper beer ahead? AB InBev fined for cross-border sales restrictions Dominant companies beware of hindering cross-border sales between resellers through, for instance, labelling or packaging measures to make your products less attractive for import.
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.
Low prices, high fines: Commission's creative purchase cartel fine upheld Companies should take note that the European Commission will deviate from its own general fining methodology if a particular case calls for it. The General Court recently upheld the Commission's novel fining approach in regard of a purchase cartel.
Still standing: annulled Commission decision remains in force for non-appellant Steel producer Lucchini's claim for reimbursement of a EUR 14 million fine, on the basis that the decision was annulled on appeal from other parties, was recently rejected by the General Court.
Dutch Trade and Industry Appeals Tribunal upholds appeal and confirms fines on taxi companies The Trade and Industry Appeals Tribunal (CBb) recently overturned two judgments of the Rotterdam District Court and confirmed the fines imposed on two taxi firms.
Hoogste Europese rechter bevestigt dat overheden onrechtmatige staatssteun proactief moeten terugvorderen De maand maart 2019 zal vermoedelijk de juridisch handboeken ingaan als een historische maand voor het mededingings- en staatssteunrecht. Niet alleen deed het Hof van Justitie een baanbrekende uitspraak op het gebied van het verhaal van kartelschade.
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 ACM follows EU approach in its first pharmaceutical merger The Dutch Authority for Consumers and Markets (ACM) recently reviewed its first merger between two pharmaceutical companies.
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.
Loyalty rebate scheme 'saved' by pharma company's market misconceptions The UK Competition and Markets Authority (CMA) recently closed its investigation into a discount scheme by dominant pharma company Merck Sharp & Dohme (MSD) aimed at preventing the National Health Service (NHS) from switching to competing biosimilars.
General Court leaves door ajar for pharma companies in the Servier-case On 12 December 2018, the General Court partly annulled the Commission's decision to fine drug manufacturer and originator company Servier and five generic companies in a reverse payment patent settlement case.
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.