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Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine

Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure.

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.

Digital Law Up(to)date: Belgian DPA asks for clearer justification of the Covid Safe Ticket (CST)

The Belgian Data Protection Authority (DPA) has delivered its opinion on two draft cooperation agreements (one legislative agreement and one implementing agreement) relating in particular to the extension of the scope of the Covid Safe Ticket (CST).

Enforcement of Schrems II: Council of State refuses unconditional illegality of transfers to the U.S.

A recent decision of the Belgian Council of State shines a first light on the enforcement of the Schrems II ruling of the European Court of Justice in Belgium.

Adopting the new Standard Contractual Clauses to secure international personal data transfers

Recently, the European Commission issued an implementing decision on standard new contractual clauses (“SCCs”) for the transfer of personal data to countries outside the European Economic Area.

Net(work) closing in on cross-border cartels?

A heads-up for companies with cross-border activities. The ECN+ Directive’s transposition deadline has expired and its provisions should by now have found their way into the national laws of the EU Member States.

EU Regulator’s response to the Reddit rally

A massive stock market rally recently suddenly developed with respect to GameStop’s shares, a moribund chain of video game stores in the United States. The instigators: users of the investment forum r/wallstreetbets on Reddit.

ACM’s 2021 enforcement focus: digital, green and COVID-19

The ACM’s list of 2021 focus areas is out. Whereas the digital economy and the energy transition are repeats from last year, the effects of the COVID-19 crisis is a new, although somewhat unsurprising, designated focal point.

Game over? Gaming companies fined for geo-blocking

The Commission’s cross-border sales crusade seems far from over. The EUR 7.8 million fine imposed on distribution platform owner Valve and five PC video games publishers for geo-blocking practices is the most recent notch in the Commission’s belt.

European Commission publishes major anti-money laundering legislative proposals

On 20 July 2021, the European Commission presented a new legislative package containing significant changes to the applicable anti-money laundering and anti-terrorism financing regime.

Horizontal cooperation: from the dark side to the light?

Recent enforcement action shows that companies involved in data sharing and data pooling or sustainability cooperation need to tread carefully.

Are your distribution contracts ready for the revised VBER?

On 9 July 2021, the Commission published its draft revised Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines.

Uitsluiting van Rusland van overheidsopdrachten en concessies

Op 8 april 2022 heeft de Raad van de EU een vijfde pakket van economische en individuele sancties tegen Rusland ingesteld met onder meer de bedoeling om de druk op de Russische regering op te voeren.

New RCS filing formalities

The Luxembourg Business Registers issued an Explanatory Note further detailing the new filing formalities and requirements soon to be applicable with respect to the Luxembourg Trade and Companies Register.

ACM jumps on gun-jumping bandwagon

Companies involved in multi-step acquisitions should beware of potential gun-jumping risks. The ACM has fined a trade association for failing to notify the acquisition of four pharmacies involving a consecutive partial resale.

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.

Pfizer may be off the hook, but ACM pharma supervision continues

Pharma companies beware: discount schemes by former patent owners raise red flags at competition authorities.

Duality on dual distribution resolved?

Nothing is more fickle than information exchange: it changes colour under EU competition rules depending on the nature of the relationship between the exchanging companies.

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