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Who is a consumer? The dynamic approach to the concept of 'consumer' under the Brussels I Regulation

On 25 January 2018, the European Court of Justice ("ECJ") rendered a preliminary ruling in a case between Austrian citizen Maximilian Schrems and online social network Facebook. The ruling is important for two reasons.

Stibbe advises Clayton, Dubilier & Rice

Stibbe assisted Clayton, Dubilier & Rice, a US-based private equity firm, with the acquisition of a 40% stake in Belron International Ltd., from D’Ieteren SA.

General market studies are insufficient proof to establish dominance, two Dutch District Courts rule

In two recently published Dutch District Court judgments, the high evidentiary standard for invoking competition law arguments in civil proceedings was confirmed.

Court of Justice: Suppliers of luxury goods may prohibit their authorised distributors from selling on third party internet platforms

On 6 December 2017, the Court of Justice rendered its much anticipated judgment in a dispute between a supplier of luxury cosmetics (Coty) and one of its authorised resellers.

Court of Justice dismisses appeal by Telefónica on non-compete clause in telecoms transaction

On 13 December 2017, the Court of Justice dismissed the appeal brought by Telefónica against a judgment of the General Court (GC) regarding a non-compete agreement [see our July 2016 Newsletter].

Stibbe advises Constellium

Stibbe advises Constellium N.V. on its offerings of ordinary shares and notes and on its cash tender offers of notes.

Stibbe advises the NVB

Stibbe advises the NVB (the Dutch Banking Association) following a “dawn raid” carried out by the European Commission at the premises of the Dutch Banking Association in October 2017.

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.

Stibbe advises Equistone Partners Europe

Stibbe assisted Equistone Partners Europe with the MBO of Wallenborn Transports, a Luxembourg based operator which is leading European provider of specialised premium road transportation services.

Toegang tot (milieu-)informatie en transparante besluitvorming: fundamentele pijlers van een democratische samenleving

In een recent arrest van 4 september 2018 tikt het Hof van Justitie de Europese Commissie op de vingers voor de geheimhouding die zij aan de dag legt tijdens milieuwetgevingsprocessen. Volgens het Hof van Justitie zijn openbaarheid van bestuur en transpar

Rotterdam District Court quashes cartel fines imposed by the ACM on cold storage operators

On 12 April 2018, the District Court of Rotterdam quashed four fines imposed by the Dutch Authority for Consumers and Markets (ACM) on cold storage operators and their respective directors for violating the cartel prohibition.

District Court of Amsterdam rules on requests for pre-procedural hearings

On 29 March 2018, the District Court of Amsterdam ruled on requests for pre-procedural hearings in relation to the alleged infringements in the two separate cases of Trucks and CRT.

European Commission imposes record fine on Altice for premature implementation of PT Portugal acquisition

On 24 April 2018, the European Commission announced that it had imposed a fine of EUR 124.5 million on Altice for acquiring control of PT Portugal before clearance by the Commission ('gun-jumping').

Germany did not err in extraditing an Italian citizen to the US for a competition law infringement

On 10 April 2018, the European Court of Justice ruled that Germany did not breach EU law by extraditing an Italian citizen to the United States for a competition law infringement.

Stibbe advises Interoute

Stibbe Luxembourg advised Interoute on its sale process to GTT Communications.

Dutch Appeal Court drastically reduces cartel fine Dutch construction company

On 8 May 2018, the Trade and Industry Appeals Tribunal (CBb) ruled on appeal on the proportionality of the amount of a fine imposed by the Dutch Authority for Consumers and Markets (ACM).

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