515 results European Birds Directive: deviation schemes with varying success Both the Belgian and French Councils of State have expressed their views on the application of Article 9 of the Birds Directive. This article allows for a scheme that deviates from the prohibition to disturb, hunt, or kill protected bird species. 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. Don't take the ACM's digital inspection guidelines too literally The Dutch Authority for Consumers and Markets' (ACM) digital inspection guidelines should be on every company's reading list. However, they should not be taken too literally; at least according to the recent ruling from the Court of Appeal in The Hague. Fine liability in antitrust cases is closely scrutinised by Dutch courts A parent company can be held liable for a subsidiary's anti-competitive conduct if the parent has exercised decisive influence over the subsidiary, because the two are then considered a single undertaking. Tick-tock: no reset of the appeal clock for amending Commission decision The European Court of Justice recently upheld the General Court's order finding that metal production and recycling company Eco-Bat had submitted its appeal outside of the appeal term. European Court of Justice sets aside Portuguese rules time-barring a damages action The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages. European Court of Justice: actio pauliana is covered by jurisdiction rule of forum of contract Imagine that a debtor voluntarily concludes a transaction with a third party where he knows (or should know) that it hinders the creditor’s possibilities of collecting the debt. 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. Belgium's Energy & Climate Plan - What is the legislative framework for climate policy in Belgium? Belgium adopts the first version of the National Energy & Climate Plan, which is a compilation of three individual climate plans from each of Belgium’s regions. It contains specific measures aiming to reduce CO2 emissions in Belgium. 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. General Court dismisses Canal+ appeal against pay-TV commitment decision The General Court recently dismissed the appeal brought by Canal+ against the decision of the European Commission making the commitments of Paramount legally binding. Partial fine reduction for Deutsche Telekom and Slovak Telekom for abuse of dominance The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices. Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment. 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. European Court of Justice issues landmark ruling on parental liability On 14 March the European Court of Justice issued a landmark judgment in the Skanska case. Stibbe launches UBO Webtool In Luxembourg, companies and other legal entities have been required to register their UBO(s) since 31 August 2019. In Belgium, the UBO register is also already operational. The Dutch legislator did not meet the implementation deadline. Pagination Previous page Page 24 Current page 25 Page 26 Page 27 Next page
European Birds Directive: deviation schemes with varying success Both the Belgian and French Councils of State have expressed their views on the application of Article 9 of the Birds Directive. This article allows for a scheme that deviates from the prohibition to disturb, hunt, or kill protected bird species.
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.
Don't take the ACM's digital inspection guidelines too literally The Dutch Authority for Consumers and Markets' (ACM) digital inspection guidelines should be on every company's reading list. However, they should not be taken too literally; at least according to the recent ruling from the Court of Appeal in The Hague.
Fine liability in antitrust cases is closely scrutinised by Dutch courts A parent company can be held liable for a subsidiary's anti-competitive conduct if the parent has exercised decisive influence over the subsidiary, because the two are then considered a single undertaking.
Tick-tock: no reset of the appeal clock for amending Commission decision The European Court of Justice recently upheld the General Court's order finding that metal production and recycling company Eco-Bat had submitted its appeal outside of the appeal term.
European Court of Justice sets aside Portuguese rules time-barring a damages action The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages.
European Court of Justice: actio pauliana is covered by jurisdiction rule of forum of contract Imagine that a debtor voluntarily concludes a transaction with a third party where he knows (or should know) that it hinders the creditor’s possibilities of collecting the debt.
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.
Belgium's Energy & Climate Plan - What is the legislative framework for climate policy in Belgium? Belgium adopts the first version of the National Energy & Climate Plan, which is a compilation of three individual climate plans from each of Belgium’s regions. It contains specific measures aiming to reduce CO2 emissions in Belgium.
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.
General Court dismisses Canal+ appeal against pay-TV commitment decision The General Court recently dismissed the appeal brought by Canal+ against the decision of the European Commission making the commitments of Paramount legally binding.
Partial fine reduction for Deutsche Telekom and Slovak Telekom for abuse of dominance The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices.
Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment.
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.
European Court of Justice issues landmark ruling on parental liability On 14 March the European Court of Justice issued a landmark judgment in the Skanska case.
Stibbe launches UBO Webtool In Luxembourg, companies and other legal entities have been required to register their UBO(s) since 31 August 2019. In Belgium, the UBO register is also already operational. The Dutch legislator did not meet the implementation deadline.