354 results The need for speed in mergers is no reason to ignore rights of defence On 16 January 2019, the European Court of Justice clarified the procedural guarantees the European Commission needs to provide to merging parties during merger reviews. Companies unprepared for increasing cyber risks Companies increasingly face cybercrime incidents. Stibbe offers tailor-made solutions. European Birds Directive: deviation schemes with varying success Both the Belgian and French Councils of State have expressed their views on the application of Article 9 of the Birds Directive. This article allows for a scheme that deviates from the prohibition to disturb, hunt, or kill protected bird species. Loyalty rebate scheme 'saved' by pharma company's market misconceptions The UK Competition and Markets Authority (CMA) recently closed its investigation into a discount scheme by dominant pharma company Merck Sharp & Dohme (MSD) aimed at preventing the National Health Service (NHS) from switching to competing biosimilars. Belgium's Energy & Climate Plan - What is the legislative framework for climate policy in Belgium? Belgium adopts the first version of the National Energy & Climate Plan, which is a compilation of three individual climate plans from each of Belgium’s regions. It contains specific measures aiming to reduce CO2 emissions in Belgium. General Court leaves door ajar for pharma companies in the Servier-case On 12 December 2018, the General Court partly annulled the Commission's decision to fine drug manufacturer and originator company Servier and five generic companies in a reverse payment patent settlement case. 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. Partial fine reduction for Deutsche Telekom and Slovak Telekom for abuse of dominance The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices. Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment. 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. Het finale Belgische ‘nationaal energie- en klimaatplan’ en de Belgische langetermijnstrategie: het geduld van de Commissie op de proef gesteld? Op 31 december 2019 diende België, nog net op tijd, zijn definitieve nationaal energie- en klimaatplan (NEKP) in bij de Commissie. Het staat nu al vast dat het Belgische NEKP niet op applaus zal worden onthaald door de Commissie. Wat zijn de gevolgen? Consumers and Sustainability: 2020 competition enforcement buzzwords The ACM will include the effects of mergers on labour conditions in its review. It will also investigate excessive pricing of prescription drugs. CDC/Kemira: Amsterdam Court of Appeal applies European principle of effectiveness to limitation periods In a private enforcement case brought by CDC against Kemira, the Amsterdam Court of Appeal applies the European principle of effectiveness and rules that claims are not time-barred under Spanish, Finnish and Swedish law. Den Bosch Court of Appeal revives damages claims in Dutch prestressing steel litigation On 28 January 2020, the Court of Appeal of Den Bosch issued a ruling in the Dutch prestressing steel litigation. No full judicial review of each document seized during dawn raid Companies should keep a careful record of which documents the Belgian Competition Authorities seize during a dawn raid. The ACM may cast the net wide in cartel investigations Companies beware: the ACM may not need to specify the scope of its investigation into suspected cartel infringements in as much detail as expected. Pay-for-delay: brightened lines between object and effect restrictions In its first pay-for-delay case, the ECJ has clarified the criteria determining whether settlement agreements between a patent holder of a pharmaceutical product and a generic manufacturer may have as their object or effect to restrict EU competition law. Court of Appeal in the Netherlands decides to appoint independent economic experts in TenneT v ABB On 20 July 2018, the Court of Appeal of Gelderland published another interim judgment in the ongoing proceedings between TenneT, the grid operator in the Netherlands, and ABB in relation to the gas insulated switchgear (GIS) infringement. Pagination Previous page Page 13 Current page 14 Page 15 Page 16 Next page
The need for speed in mergers is no reason to ignore rights of defence On 16 January 2019, the European Court of Justice clarified the procedural guarantees the European Commission needs to provide to merging parties during merger reviews.
Companies unprepared for increasing cyber risks Companies increasingly face cybercrime incidents. Stibbe offers tailor-made solutions.
European Birds Directive: deviation schemes with varying success Both the Belgian and French Councils of State have expressed their views on the application of Article 9 of the Birds Directive. This article allows for a scheme that deviates from the prohibition to disturb, hunt, or kill protected bird species.
Loyalty rebate scheme 'saved' by pharma company's market misconceptions The UK Competition and Markets Authority (CMA) recently closed its investigation into a discount scheme by dominant pharma company Merck Sharp & Dohme (MSD) aimed at preventing the National Health Service (NHS) from switching to competing biosimilars.
Belgium's Energy & Climate Plan - What is the legislative framework for climate policy in Belgium? Belgium adopts the first version of the National Energy & Climate Plan, which is a compilation of three individual climate plans from each of Belgium’s regions. It contains specific measures aiming to reduce CO2 emissions in Belgium.
General Court leaves door ajar for pharma companies in the Servier-case On 12 December 2018, the General Court partly annulled the Commission's decision to fine drug manufacturer and originator company Servier and five generic companies in a reverse payment patent settlement case.
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.
Partial fine reduction for Deutsche Telekom and Slovak Telekom for abuse of dominance The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices.
Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment.
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.
Het finale Belgische ‘nationaal energie- en klimaatplan’ en de Belgische langetermijnstrategie: het geduld van de Commissie op de proef gesteld? Op 31 december 2019 diende België, nog net op tijd, zijn definitieve nationaal energie- en klimaatplan (NEKP) in bij de Commissie. Het staat nu al vast dat het Belgische NEKP niet op applaus zal worden onthaald door de Commissie. Wat zijn de gevolgen?
Consumers and Sustainability: 2020 competition enforcement buzzwords The ACM will include the effects of mergers on labour conditions in its review. It will also investigate excessive pricing of prescription drugs.
CDC/Kemira: Amsterdam Court of Appeal applies European principle of effectiveness to limitation periods In a private enforcement case brought by CDC against Kemira, the Amsterdam Court of Appeal applies the European principle of effectiveness and rules that claims are not time-barred under Spanish, Finnish and Swedish law.
Den Bosch Court of Appeal revives damages claims in Dutch prestressing steel litigation On 28 January 2020, the Court of Appeal of Den Bosch issued a ruling in the Dutch prestressing steel litigation.
No full judicial review of each document seized during dawn raid Companies should keep a careful record of which documents the Belgian Competition Authorities seize during a dawn raid.
The ACM may cast the net wide in cartel investigations Companies beware: the ACM may not need to specify the scope of its investigation into suspected cartel infringements in as much detail as expected.
Pay-for-delay: brightened lines between object and effect restrictions In its first pay-for-delay case, the ECJ has clarified the criteria determining whether settlement agreements between a patent holder of a pharmaceutical product and a generic manufacturer may have as their object or effect to restrict EU competition law.
Court of Appeal in the Netherlands decides to appoint independent economic experts in TenneT v ABB On 20 July 2018, the Court of Appeal of Gelderland published another interim judgment in the ongoing proceedings between TenneT, the grid operator in the Netherlands, and ABB in relation to the gas insulated switchgear (GIS) infringement.