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463 results

Gotta catch ‘em all? Upward referral of ‘killer acquisitions’ upheld

Companies involved in intended or completed M&A transactions falling below EU and national merger notification thresholds should beware that their deals may still catch the European Commission’s eye.

Find my address… if you can: Constantin Film Verleih v. Youtube and Google

On 9 July 2020, the CJEU clarified the scope of the right of information in the context of IP rights infringement proceedings.

Stibbe advises KPS Capital Partners on the acquisition of Taylor Made Golf Company, Inc.

Stibbe advised KPS Capital Partners, LP on the USD 425 million acquisition of Taylor Made Golf Company, Inc. from adidas AG.

Setting the Stage: the European Commission’s first in-depth FSR Decision

The European Commission has published its first-ever in-depth decision under the Foreign Subsidies Regulation, marking a significant milestone in understanding the application of this regulatory tool. We identify important takeaways for future practice.

Competition law in 2024: putting theory into practice

2023 marked the near finale of the European Commission’s overhaul of its competition policy, leaving only a few loose ends to tie up in 2024/2025. It is now time to watch theory be put into practice by the competition authorities and at the courts.

The Foreign Subsidies Regulation – beware and get your data ready!

Earlier this year, the Foreign Subsidies Regulation (FSR) entered into force to close a loophole in EU regulations aimed at creating a level playing field within the internal market.

Mondelēz’s fine takes the biscuit: cross-border trade crusade peaks

The European Commission has fined Mondelēz EUR 337.5 million for restricting cross-border trade. Brand owners are advised to double-check their licensing and distribution systems, as well as their commercial conduct, for possible territorial restraints.

No impairment of the EC’s impartiality: ECJ upholds Scania judgment

The ECJ upheld the Commission’s fine on Scania for participating in a cartel. The Commission’s impartiality is not necessarily impaired by having the Commission case team in charge of the settlement procedure also deal with the penalty decision.

The honeymoon phase of the Foreign Subsidies Regulation is over!

Paperwork, paperwork, paperwork. The industry voices have been clear about the Foreign Subsidies Regulation. But what is the authority’s view? We provide an update on recent developments, including the European Commission’s first policy brief.

ECJ accepts carve-out Italy in Commission’s Amazon Buy Box investigation

The EU Court of Justice dismissed Amazon’s claim that the exclusion of Italy from the European Commission’s investigation into its Buy Box feature deprived Amazon of its protection against a parallel investigation by the Italian competition authority.

European Court of Justice plays hardball in Sports rulings

The rulings by the European Court of Justice (ECJ) on the discretionary powers of international sports associations to authorise alternative competitions show that the specifics of sports are no reason to tread lightly when applying EU competition rules.

Costly Capsules: Court calls foul on Leadiant

On 13 February 2025, the District Court of Rotterdam upheld the ACM’s approach in its ruling on the appeal against the regulator’s first-ever excessive pricing fine.

Employers beware: the Commission joins the ‘labour party’

Companies should review their recruitment and hiring policies and practices. The Commission has joined the hunt for ‘job cartels’ with its first ever cartel in the labour market.

Spooked no more: antitrust safe harbour for solo self-employed persons

The Commission’s guidelines on collective agreements clarify the manoeuvre room solo self-employed persons have under the competition rules to collectively boost their working conditions. A Directive on platform work working conditions is on the way.

Digital Markets Act: “with great power must come great responsibility”

The countdown is on for digital giants. The entry into force of the Digital Markets Act (DMA) on 1 November 2022 triggered a to do list for potential gatekeepers with 2 May 2023 as the next key date to keep in mind: see our DMA infographic.

Google Android-ruling: Commission flunks AEC test once again

The AEC test has likely assumed mythic status at the European Commission with the EU courts striking down its AEC analysis for a third time. Nevertheless, the Commission seems on the right track to tackling abuse of dominance in the digital sector.

Sense and sensibility in sustainability collaborations

The ACM’s push for companies to come forward for an antitrust blessing of their sustainability solutions is paying off. The ACM has again given informal guidance to companies wishing to make sustainability agreements.

Nieuwe hernieuwbare energierichtlijn: wijzigingen inzake garanties van oorsprong, vergunningen en RFNBO’s

Op 20 november 2023 trad richtlijn (EU) 2023/2413 tot herziening van de Hernieuwbare Energierichtlijn (EU) 2018/2001 (“RED III”) in werking. De lidstaten krijgen 18 maanden om RED III om te zetten.

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