20 results Brexit and Private International Law (Part 1 of 2) Since 1 January 2021, EU regulations simplifying cross-border litigation no longer apply in relation to the UK and – in most cases – to parties based in the UK. To Prove or Presume? The EC’s Draft Guidelines on exclusionary abuses The Commission recently published its Draft Guidelines on Exclusionary Abuses of Dominance, which are meant to reflect the EU case law. However, they seem to deviate on important aspects, arguably simplifying the assessment for establishing an abuse. 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. 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. It's in the details: HSBC fine quashed for insufficient reasoning The General Court annulled the EUR 33.6 million fine imposed on banking group HSBC for its participation in the euro interest rates derivatives cartel. The honeymoon phase of the Foreign Subsidies Regulation is over! Paperwork, paperwork, paperwork. The industry voices have been clear about the Foreign Subsidies Regulation. But what is the authority’s view? We provide an update on recent developments, including the European Commission’s first policy brief. Ratification of European Climate Law and unveiling of the ‘Fit for 55’ climate package Recent developments gave rise to write this update: the European Parliament has ratified the Climate Law and confirmed the goal of the European Union on climate neutrality by 2050. District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP. EFTA Court: end-use emissions must be assessed in an EIA before fossil fuel project approvals The EFTA Court held that end-use emissions from oil and gas consumption are effects of extraction projects. Guan Schaiko and Sofie Ulrix analyse advisory opinion E-18/24 and the legal obligation to include Scope 3 emissions under the EIA Directive. No impairment of the EC’s impartiality: ECJ upholds Scania judgment The ECJ upheld the Commission’s fine on Scania for participating in a cartel. The Commission’s impartiality is not necessarily impaired by having the Commission case team in charge of the settlement procedure also deal with the penalty decision. Costly Capsules: Court calls foul on Leadiant On 13 February 2025, the District Court of Rotterdam upheld the ACM’s approach in its ruling on the appeal against the regulator’s first-ever excessive pricing fine. C'est le ton qui fait la musique – The end of employer copyrights? The CJEU decision in the National Orchestra of Belgium decision shakes up employer copyright in the Netherlands. With new consent and compensation requirements, are your employment contracts still airtight? Discover the implications of the decision here. Commission steers market definition to the 21st century Companies have a new and improved tool for the competitive assessment of their conduct and intended acquisitions. The European Commission has updated its guidance on how to define relevant markets for the purpose of EU competition law enforcement. Digital Law Up(to)date: European Commission publishes results of the public consultation on the Data Act On 6 December 2021, the European Commission published the results of the public consultation on its Data Act. This legislative initiative aims at facilitating data access and use, and reviews the rules on the legal protection of databases. Guidelines vs Guidance: exclusionary abuse Guidelines due by 2025 The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance. EU-U.S. Data Privacy Framework: A new adequacy decision for the United States On Monday July 10, 2023, the European Commission adopted her adequacy decision for the United States, the “EU-U.S. Data Privacy Framework”, which has immediate effect. Equity raises: prospectus exemptions and share issuance approvals In this note we discuss the interplay between prospectus exemptions and share issuance authorisations of listed Dutch companies. Prospectus exemptions are expanded under the EU Listing Act, but will Dutch issuers be able to take full advantage? Court of Appeal overturns first instance judgment and establishes that several prestressing steel producers are liable for the potential loss alleged by Deutsche Bahn The Court of Appeal of 's-Hertogenbosch ruled that several producers of prestressing steel are jointly and severally liable for potential loss that Deutsche Bahn may have suffered as a result of an infringement of competition law rules. Pagination Current page 1 Page 2 Next page
Brexit and Private International Law (Part 1 of 2) Since 1 January 2021, EU regulations simplifying cross-border litigation no longer apply in relation to the UK and – in most cases – to parties based in the UK.
To Prove or Presume? The EC’s Draft Guidelines on exclusionary abuses The Commission recently published its Draft Guidelines on Exclusionary Abuses of Dominance, which are meant to reflect the EU case law. However, they seem to deviate on important aspects, arguably simplifying the assessment for establishing an abuse.
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.
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.
It's in the details: HSBC fine quashed for insufficient reasoning The General Court annulled the EUR 33.6 million fine imposed on banking group HSBC for its participation in the euro interest rates derivatives cartel.
The honeymoon phase of the Foreign Subsidies Regulation is over! Paperwork, paperwork, paperwork. The industry voices have been clear about the Foreign Subsidies Regulation. But what is the authority’s view? We provide an update on recent developments, including the European Commission’s first policy brief.
Ratification of European Climate Law and unveiling of the ‘Fit for 55’ climate package Recent developments gave rise to write this update: the European Parliament has ratified the Climate Law and confirmed the goal of the European Union on climate neutrality by 2050.
District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP.
EFTA Court: end-use emissions must be assessed in an EIA before fossil fuel project approvals The EFTA Court held that end-use emissions from oil and gas consumption are effects of extraction projects. Guan Schaiko and Sofie Ulrix analyse advisory opinion E-18/24 and the legal obligation to include Scope 3 emissions under the EIA Directive.
No impairment of the EC’s impartiality: ECJ upholds Scania judgment The ECJ upheld the Commission’s fine on Scania for participating in a cartel. The Commission’s impartiality is not necessarily impaired by having the Commission case team in charge of the settlement procedure also deal with the penalty decision.
Costly Capsules: Court calls foul on Leadiant On 13 February 2025, the District Court of Rotterdam upheld the ACM’s approach in its ruling on the appeal against the regulator’s first-ever excessive pricing fine.
C'est le ton qui fait la musique – The end of employer copyrights? The CJEU decision in the National Orchestra of Belgium decision shakes up employer copyright in the Netherlands. With new consent and compensation requirements, are your employment contracts still airtight? Discover the implications of the decision here.
Commission steers market definition to the 21st century Companies have a new and improved tool for the competitive assessment of their conduct and intended acquisitions. The European Commission has updated its guidance on how to define relevant markets for the purpose of EU competition law enforcement.
Digital Law Up(to)date: European Commission publishes results of the public consultation on the Data Act On 6 December 2021, the European Commission published the results of the public consultation on its Data Act. This legislative initiative aims at facilitating data access and use, and reviews the rules on the legal protection of databases.
Guidelines vs Guidance: exclusionary abuse Guidelines due by 2025 The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance.
EU-U.S. Data Privacy Framework: A new adequacy decision for the United States On Monday July 10, 2023, the European Commission adopted her adequacy decision for the United States, the “EU-U.S. Data Privacy Framework”, which has immediate effect.
Equity raises: prospectus exemptions and share issuance approvals In this note we discuss the interplay between prospectus exemptions and share issuance authorisations of listed Dutch companies. Prospectus exemptions are expanded under the EU Listing Act, but will Dutch issuers be able to take full advantage?
Court of Appeal overturns first instance judgment and establishes that several prestressing steel producers are liable for the potential loss alleged by Deutsche Bahn The Court of Appeal of 's-Hertogenbosch ruled that several producers of prestressing steel are jointly and severally liable for potential loss that Deutsche Bahn may have suffered as a result of an infringement of competition law rules.