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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.

A digital transition in the financial services sector

On 24 September 2020, the European Commission (the “Commission”) adopted the Digital Finance Package (the “Package”). The aim of this initiative is to create a competitive EU financial sector that gives consumers access to innovative financial products.

Online marketplace's liability for trademark infringement

While online shopping is booming in such period of COVID-19 outbreak, the Court of Justice of the EU (CJEU) recently decided that Amazon cannot be accused of trade mark infringement.

Commission’s objectives in the digital sector focus on “fairness"

On 19 February 2020, the European Commission revealed the first pillars of its strategic and policy objectives in the digital space over the next five years.

Online platforms and uploading of protected works: no direct liability for operators of online platforms

According to the Advocate General, operators of online platforms are not directly liable for the illegal uploading of protected works by the users of those platforms.

Successful challenges to merger decisions seem to be the exception

The General Court recently confirmed the high degree of discretion enjoyed by the European Commission in the context of merger control decisions, particularly with respect to assessments of an economic nature.

Financial sector remains on the antitrust radar: the report on loan syndication is out

The European Commission recently published a report it had commissioned to examine the market dynamics and potential antitrust risks related to loan syndication.

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.

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.

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.

Implications of Johnson’s Brexit deal on public procurement

In this blogpost, we highlight the impact of Brexit as of 1 February 2020 on public procurement.

Court of Justice: Suppliers of luxury goods may prohibit their authorised distributors from selling on third party internet platforms

On 6 December 2017, the Court of Justice rendered its much anticipated judgment in a dispute between a supplier of luxury cosmetics (Coty) and one of its authorised resellers.

UK Court upholds fine against Ping for online sales ban

On 7 September 2018, the UK Competition Appeal Tribunal (CAT) upheld the UK Competition and Market Authority's (CMA) decision fining Ping Europe Limited, a manufacturer of golf clubs, for violating EU and UK competition law.

Commission evaluates Antitrust Damages Directive: to be continued

On 14 December 2020, the Commission published a report on the implementation of the Antitrust Damages Directive (the Directive). The Commission observes a significant increase in antitrust damages actions since the adoption of the Directive.

Stibbe, KPMG and NVB Sustainable Finance Week

The Sustainable Finance Week - organised by Stibbe, KPMG and NVB - will take place across 4 afternoons, starting on Monday 31 May 2021. Through an online conference platform, we will present a variety of live information sessions on the EU Sustainable Fin

Anna Collignon speaks about Dutch nitrogen problem

Pakhuis de Zwijger organises an evening about the Dutch nitrogen problem on Monday 14 October. During this evening, called 'food for thought about nitrogen' (Stikstof tot nadenken), various experts will speak about this topical subject. 

Digital Law Up(to)date: The European Commission publishes the draft of the Data Act

On 23 February 2022, the European Commission published its draft Data Act, i.e. a proposal for a regulation on harmonised rules on fair access to and use of data. The text is part of the European strategy for data launched by the Commission in 2020.

After the Uber case and the Airbnb case … the Star Taxi App case: focus on the question of the qualification as “Information Society Service”

This blog analyses the Star Taxi App case law in the light of the Uber case law and the Airbnb case law. The three judgments have in common the question of the qualification of services as Information Society Services.

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