124 results French supermarket dawn raids down the drain On 9 March 2023, the European Court of Justice (ECJ) ruled that the European Commission should properly record interviews if they are used to gather information regarding the subject matter of the investigation. Dawn raid drama: bycatch and data rooms Beware of the fine line in antitrust investigations between illegal fishing expeditions and accidental discoveries pointing at a separate antitrust infringement. EU Commission presents proposals for directives against shell entities and ensuring a global minimum level of taxation On 22 December 2021 the European Commission (hereinafter: ‘EC’) presented two legislative proposals for EU directives, one to introduce a global minimum corporate tax rate and one to target EU shell entities. The key aspects of both proposals are discusse Dominant firm may refuse to supply retailer after initial delivery The Brussels Court of Appeal has held that a dominant producer firm may have valid reasons to refuse further supplies to a retailer, despite its dominance and despite previous deliveries. Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance. Stibbe participates in CFO Forum on ESG and sustainable value creation Derk Lemstra and Rogier Raas participated in the annual CFO Forum - the Annual edition, organised by Transformation Forums on May 19, 2021. Financial Regulatory – Update Q1 2021 Traditionally, 1 January (and 1 July) each year is a date on which new Dutch financial regulations enter into force. This year, the amendments to the Dutch Financial Supervision Act are relatively few, but other developments are worthy of attention. Marieke Driessen authors chapter on ESG in 'Sustainable Finance in Europe' The book, entitled 'Sustainable Finance in Europe', brings together the views of expert academics and practitioners on the latest regulatory developments in sustainable finance in Europe. It includes cutting-edge issues which relate to three main themes. Amsterdam Court of Appeal rules on the applicable law to air freight cartel damages claims On 6 July 2021, the Amsterdam Court of Appeal had to decide whether the pragmatic approach of the Amsterdam District Court, which had applied Dutch law to all air freight cartel damages claims, could be upheld. CJEU clarifies jurisdiction for follow-on damage claims The Court of Justice of the European Union recently further clarified which courts within the EU have jurisdiction to hear follow-on damage claims. Court rules ACM can use accidental evidence found in dawn raids While skimming through employees’ chat conversations and e-mails, it is not uncommon for competition authorities to stumble across other potential antitrust violations, separate from the initial scope of the search. Sustainability solutions sussed out soon More antitrust clarity has arrived for companies involved in sustainability collaborations. The EC published draft revised rules on horizontal cooperation agreements and the ACM informally approved two green initiatives in the energy sector. Digital Law Up(to)date: Interesting points in a DPA decision based on a cross-border complaint relating to cookies The Belgian Data Protection Authority published an interesting decision of its Litigation chamber. The content of the decision is not completely new, but it provides (or recalls) some relevant elements for personal data practitioners. Proposal for a Directive on Corporate Sustainability Due Diligence On 23 February 2022 the European Commission (the "Commission") published a proposal for a Directive on Corporate Sustainability Due Diligence (the "CSDD proposal"). 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. Digital Law Up(to)date: Dismissal of a complaint by the DPA for not processing the complainant's data A recent decision by the litigation chamber of the Belgian DPA can be put into perspective with the decision of the Supreme Court of 7 October 2021 considering that the DPA has to deal with a complaint filed by a person whose data had not been processed. Dust off your dawn raid manuals: the heat is (back) on Companies should brace themselves for multiple multi-jurisdictional dawn raids over the coming months. Law and AI (part 3): towards a European perspective in intellectual property? On 20 October 2020, the European Parliamentary Assembly adopted, on the basis of three reports, three resolutions on AI from three different perspectives. In this blog, we discuss the report and resolution IP rights for the development of AI technologies. Pagination Current page 1 Page 2 Page 3 Page 4 Next page
French supermarket dawn raids down the drain On 9 March 2023, the European Court of Justice (ECJ) ruled that the European Commission should properly record interviews if they are used to gather information regarding the subject matter of the investigation.
Dawn raid drama: bycatch and data rooms Beware of the fine line in antitrust investigations between illegal fishing expeditions and accidental discoveries pointing at a separate antitrust infringement.
EU Commission presents proposals for directives against shell entities and ensuring a global minimum level of taxation On 22 December 2021 the European Commission (hereinafter: ‘EC’) presented two legislative proposals for EU directives, one to introduce a global minimum corporate tax rate and one to target EU shell entities. The key aspects of both proposals are discusse
Dominant firm may refuse to supply retailer after initial delivery The Brussels Court of Appeal has held that a dominant producer firm may have valid reasons to refuse further supplies to a retailer, despite its dominance and despite previous deliveries.
Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance.
Stibbe participates in CFO Forum on ESG and sustainable value creation Derk Lemstra and Rogier Raas participated in the annual CFO Forum - the Annual edition, organised by Transformation Forums on May 19, 2021.
Financial Regulatory – Update Q1 2021 Traditionally, 1 January (and 1 July) each year is a date on which new Dutch financial regulations enter into force. This year, the amendments to the Dutch Financial Supervision Act are relatively few, but other developments are worthy of attention.
Marieke Driessen authors chapter on ESG in 'Sustainable Finance in Europe' The book, entitled 'Sustainable Finance in Europe', brings together the views of expert academics and practitioners on the latest regulatory developments in sustainable finance in Europe. It includes cutting-edge issues which relate to three main themes.
Amsterdam Court of Appeal rules on the applicable law to air freight cartel damages claims On 6 July 2021, the Amsterdam Court of Appeal had to decide whether the pragmatic approach of the Amsterdam District Court, which had applied Dutch law to all air freight cartel damages claims, could be upheld.
CJEU clarifies jurisdiction for follow-on damage claims The Court of Justice of the European Union recently further clarified which courts within the EU have jurisdiction to hear follow-on damage claims.
Court rules ACM can use accidental evidence found in dawn raids While skimming through employees’ chat conversations and e-mails, it is not uncommon for competition authorities to stumble across other potential antitrust violations, separate from the initial scope of the search.
Sustainability solutions sussed out soon More antitrust clarity has arrived for companies involved in sustainability collaborations. The EC published draft revised rules on horizontal cooperation agreements and the ACM informally approved two green initiatives in the energy sector.
Digital Law Up(to)date: Interesting points in a DPA decision based on a cross-border complaint relating to cookies The Belgian Data Protection Authority published an interesting decision of its Litigation chamber. The content of the decision is not completely new, but it provides (or recalls) some relevant elements for personal data practitioners.
Proposal for a Directive on Corporate Sustainability Due Diligence On 23 February 2022 the European Commission (the "Commission") published a proposal for a Directive on Corporate Sustainability Due Diligence (the "CSDD proposal").
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.
Digital Law Up(to)date: Dismissal of a complaint by the DPA for not processing the complainant's data A recent decision by the litigation chamber of the Belgian DPA can be put into perspective with the decision of the Supreme Court of 7 October 2021 considering that the DPA has to deal with a complaint filed by a person whose data had not been processed.
Dust off your dawn raid manuals: the heat is (back) on Companies should brace themselves for multiple multi-jurisdictional dawn raids over the coming months.
Law and AI (part 3): towards a European perspective in intellectual property? On 20 October 2020, the European Parliamentary Assembly adopted, on the basis of three reports, three resolutions on AI from three different perspectives. In this blog, we discuss the report and resolution IP rights for the development of AI technologies.