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Walking a thin line: cooperation and collusion

Buying groups are under attack from competition authorities across Europe.

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.

Dutch court rules that investors suffer investment loss in the market where securities are listed and traded

On 29 January 2020, the Rotterdam District Court ruled on the question of which laws are applicable to the tort claims brought by (former) Petrobras investors against Petrobras (ECLI:NL:RBROT:2020:614).

Climate change and sustainability - Environmental considerations for a sustainable business model

Climate change has become the most important sustainability issue of our time. Three major developments in the field of climate and sustainability inevitably affect the way businesses operate and how they move towards more sustainable business models.

On the Board room agenda: ESG & sustainability risks and opportunities throughout the supply chain

When handled properly, ESG and sustainability create opportunities for companies in the real estate sector to make their business model future proof
and to benefit the bottom line. ESG has thus become an important driver for business considerations.

Digital Markets Act: “with great power must come great responsibility”

The countdown is on for digital giants. The entry into force of the Digital Markets Act (DMA) on 1 November 2022 triggered a to do list for potential gatekeepers with 2 May 2023 as the next key date to keep in mind: see our DMA infographic.

Spooked no more: antitrust safe harbour for solo self-employed persons

The Commission’s guidelines on collective agreements clarify the manoeuvre room solo self-employed persons have under the competition rules to collectively boost their working conditions. A Directive on platform work working conditions is on the way.

Launch of Metaverse blog series

Stibbe launches a new blog series focusing on the legal challenges of the Metaverse. In our upcoming blog posts, we will discuss the legal challenges of NFTs, crypto-assets, Metaverse platforms, crypto exchanges, DAO, and many more.

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.

The long and (un)winding road of ‘killer acquisition’ Illumina/Grail

Crystal ball gazing into prospective innovation rat races when assessing vertical mergers may soon be all in a day’s work for the European Commission. Innovation was a recurring theme in the Commission’s handling of the Illumina/Grail deal.

Google Android-ruling: Commission flunks AEC test once again

The AEC test has likely assumed mythic status at the European Commission with the EU courts striking down its AEC analysis for a third time. Nevertheless, the Commission seems on the right track to tackling abuse of dominance in the digital sector.

Sense and sensibility in sustainability collaborations

The ACM’s push for companies to come forward for an antitrust blessing of their sustainability solutions is paying off. The ACM has again given informal guidance to companies wishing to make sustainability agreements.

Digital operational resilience as key priority for financial institutions

Financial institutions and third party ICT providers will have to strengthen their IT security organisations, as the European Digital Operational Resilience Act is expected to be fully applicable in early 2025 after a two-year implementation period.

Gotta catch ‘em all? Upward referral of ‘killer acquisitions’ upheld

Companies involved in intended or completed M&A transactions falling below EU and national merger notification thresholds should beware that their deals may still catch the European Commission’s eye.

Belgian DPA’s 600.000 EUR fine record against Google for GDPR infringements

In a  decision dated 14 July 2020, the Belgian DPA imposed a record administrative fine of 600.000 EUR against Google Belgium for non-compliance with the GDPR.

Find my address… if you can: Constantin Film Verleih v. Youtube and Google

On 9 July 2020, the CJEU clarified the scope of the right of information in the context of IP rights infringement proceedings.

The CJEU declares the EU-US Privacy Shield invalid: blurry future for international personal data transfers

The Court of Justice of the European Union (CJEU) has just declared the Privacy Shield Decision invalid, in its entirety.

Breaking news from the CJEU: no SPCs for new therapeutic applications

On 9 July 2020, the Grand Chamber of the CJEU ruled on the interpretation of Article 3(d) of Regulation 469/2009 concerning the supplementary protection certificate (CCP) for medicinal products.

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