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What to expect when you are expecting: broader investment screening in the Netherlands

On 8 September 2020, a draft bill setting up an ex-ante and ex-post screening mechanism for investments in companies active in vital processes or sensitive technology in the Netherlands was published for consultation.

If you can’t stand the heat: kitchen retailers fined for misleading consumers

There is a new enforcement trend in the Netherlands; consumer protection is shifting from private enforcement before the civil courts, to public enforcement through the Dutch Authority for Consumers and Markets (ACM).

Cigarettes producers fined for alleged indirect info exchange

Enforcement of competition rules in relation to indirect information exchange seems to be catching on; while the European Commission only flagged the risks in its consumer electronics cases, the ACM has taken up the challenge and imposed fines.

Waiting for the EC: third-party platform bans and RPM still on radar

The results of the European Commission’s evaluation of the Vertical Block Exemption Regulation (VBER) call for more clarity and convergence in the interpretation of certain (online) vertical restrictions.

EU merger control: Dutch clause to catch future killer acquisitions

Competition Commissioner Vestager presented a sneak peak of her plans for the future of EU merger control on the 30th anniversary of the EU Merger Regulation.

A digital transition in the financial services sector

On 24 September 2020, the European Commission (the “Commission”) adopted the Digital Finance Package (the “Package”). The aim of this initiative is to create a competitive EU financial sector that gives consumers access to innovative financial products.

The next 5 years: European Commission launches New Consumer Agenda

Despite the ongoing COVID-19 pandemic, the European Commission is already looking ahead to set its consumer protection priorities for the next five years.

On the right track? GC sends mixed messages with Lithuanian Railways

The essential facilities doctrine imposes on holders of indispensable facilities a duty to deal with their competitors.

Dutch Supreme Court: non-resident investment fund eligible for refund of Dutch dividend withholding tax

On 23 October 2020, the Dutch Supreme Court ruled that a non-resident UCITS fund is eligible for a refund of Dutch dividend withholding tax with respect to its investments in the Netherlands if strict criteria are met.

Innovatie en staatssteun. Het CBb leidt de weg bij de belangrijke definities industrieel onderzoek en experimentele ontwikkeling

Het College van Beroep voor het bedrijfsleven (“CBb”) heeft op 6 oktober 2020 in een subsidiegeschil nadere invulling gegeven aan het onderscheid tussen “industrieel onderzoek” en “experimentele ontwikkeling”.

Jurisdictional hide & seek: merger thresholds and buyer joint ventures

Companies beware: the turnover of a joint venture buying a target is not necessarily decisive for determining whether the EU merger thresholds are met.

Belgian prohibition on abuse of economic dependence comes into force and new fining guidelines

In 2019, Belgium introduced legislation banning abuse in relationships between companies where there is no dominant position, but rather a position of economic dependence. The act entered into force on 22 August 2020.

This article has FIVE stars! New Dutch consumer rules to curb fake reviews

Consumers often rely on online reviews to decide what bike to buy, where to eat or what article to read. But what if those reviews are fake? New Dutch rules were announced on 23 October 2020 seeking to ensure a higher level of consumer protection online.

General Court confirms: no proof, no dawn raid

The Commission should think twice before conducting a dawn raid. The General Court partially annulled three Commission decisions ordering dawn raids at the premises of French supermarkets for a lack of sufficiently strong evidence.

Commission adopts banking package in response to COVID-19 pandemic

The European Commission adopts a banking package to bolster lending amid COVID-19, urging banks to utilize EU frameworks fully. It includes Interpretative Communication and "quick fix" amendments to banking rules.

Origin of the primary ingredient - Implementing Regulation 2018/775

European Regulation 1169/2011 now mandates clear indication of primary ingredient origin when it differs from the product's origin. Enhancing food information for consumers.

Online marketplace's liability for trademark infringement

While online shopping is booming in such period of COVID-19 outbreak, the Court of Justice of the EU (CJEU) recently decided that Amazon cannot be accused of trade mark infringement.

Philippe Campolini co-authored a book dedicated to the protection of trade secrets in Belgium

The book, entitled 'Secrets d'Affaires' explores the EU Trade Secrets Directive and its implementation in Belgian law, covering key concepts, lawful/unlawful acts, contract implications, and trade secret protection in administrative law.

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