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Law and AI (part 1): towards a European civil liability regime?

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 the resolution on a civil liability regime for AI.

Commission’s record fine for gun jumping upheld

Pre-closing covenants protecting the target’s value or commercial integrity pending merger clearance from the European Commission must be drafted carefully.

Google Shopping: self-preferencing can be abusive

The European Court of Justice has confirmed that Google abused its dominance by favouring its own shopping comparison service and demoting competing ones. However, not all favouritism is doomed.

Third time lucky: Intel wins loyalty rebate battle at EU top court

The European Court of Justice has upheld the annulment of Intel’s EUR 1.06 billion fine for abuse of dominance. The judgment provides guidance on how to assess the anti-competitiveness of loyalty rebates.

Jan-Jaap Koningsveld strengthens TMT/IP practice Stibbe Amsterdam

Stibbe Amsterdam is pleased to announce the expansion of its TMT/IP practice with the appointment of Jan-Jaap Koningsveld as counsel.

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.

New competition tool: something old, something new, something borrowed

Large online platforms may face more regulatory obligations, whilst non-dominant companies’ unilateral conduct may soon be curbed.

Philippe Campolini authored the Belgian chapter of EPO's country-by-country overview on patent enforcement in Europe

The European Patent Academy, along with authors across Europe, presents a comprehensive guide on patent enforcement across 38 EPC states. Discover measures to safeguard patent rights and relevant national procedures in this harmonization effort.

Directors' liability due to competition law infringements by the company

The District Court Noord-Nederland recently allowed the trustees in bankruptcy of Northsea shrimp trading company Heiploeg to recover part of a EUR 27 million cartel fine from a former director.

Waiting for the EC: third-party platform bans and RPM still on radar

The results of the European Commission’s evaluation of the Vertical Block Exemption Regulation (VBER) call for more clarity and convergence in the interpretation of certain (online) vertical restrictions.

Innovatie en staatssteun. Het CBb leidt de weg bij de belangrijke definities industrieel onderzoek en experimentele ontwikkeling

Het College van Beroep voor het bedrijfsleven (“CBb”) heeft op 6 oktober 2020 in een subsidiegeschil nadere invulling gegeven aan het onderscheid tussen “industrieel onderzoek” en “experimentele ontwikkeling”.

General Court confirms: no proof, no dawn raid

The Commission should think twice before conducting a dawn raid. The General Court partially annulled three Commission decisions ordering dawn raids at the premises of French supermarkets for a lack of sufficiently strong evidence.

Philippe Campolini co-authored a book dedicated to the protection of trade secrets in Belgium

The book, entitled 'Secrets d'Affaires' explores the EU Trade Secrets Directive and its implementation in Belgian law, covering key concepts, lawful/unlawful acts, contract implications, and trade secret protection in administrative law.

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.

EU’s GPAI Code of Practice: the world’s first guidance for General Purpose AI model compliance

The European Commission has published the Code of Practice, the worlds first stakeholder guidance on transparency, safety and security, and copyright considerations for general purpose AI-models (GPAI), which helps AI developers to comply with the AI Act.

Webinar: Cloud computing in the financial sector

On Wednesday 4 November 2020, Marc Spuijbroek and Roderik Vrolijk will host a webinar about cloud computing in the financial sector, which, at the same time, may be relevant outside that sector. This webinar is part of the TMT Masterclasses webinar-series

EU Advocate General balances data protection rights against trade secrets in algorithmic credit scoring case

On 16 march 2023, Advocate General Pikamäe issued his opinion on the scope of data subject rights in the context of algorithmic credit scoring.

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