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Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS

A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance.

Triple-check merger info to prevent costly fines – or worse

Companies should check their merger information for accuracy, truthfulness and completeness before handing it over to the European Commission.

Foreign subsidies: another addition to the M&A checklist

Checking for merger control notification obligations and Foreign Direct Investment screening mechanisms will be on the list for most companies involved in M&A deals.

First material judgment in Dutch damages proceedings in trucks infringement

In its judgment of 12 May 2021, the Amsterdam District Court ruled that it has not been established that it is definitively excluded that the trucks infringement led to damage to the claimants.

Stibbe participates in CFO Forum on ESG and sustainable value creation

Derk Lemstra and Rogier Raas participated in the annual CFO Forum - the Annual edition, organised by Transformation Forums on May 19, 2021.

Eindelijk staat een nieuwe spoorwegwet op de rails!

Het jaar 2021 is door de Europese Unie uitgeroepen tot jaar van het spoor. Het spoor is belangrijk voor het behalen van de klimaatdoelen. Daarom staat in 2021 de modernisering van het spoor centraal.

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.

ECJ in Pometon: beware of too much info in staggered hybrid proceedings

In hybrid cartel proceedings (in which one party opts out of settlement), settlement decisions should not pre-judge the outcome of the Commission's investigation into non-settling parties.

Court bundles educational publishers merger off to ACM for reassessment

Digital mergers have steered competition authorities away from their usual mantra of structural over behavioural remedies. The Rotterdam District Court recently gave its blessing to the ACM’s remedies for securing access to a digital school platform.

Pay-for-delay saga ends with nothing new; but pharma quest continues

On 25 March 2021, the ECJ ended the Lundbeck pay-for-delay saga by dismissing the appeals from Lundbeck and five generic manufacturers against a European Commission ‘pay-for-delay’ decision.

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.

Amsterdam Court of Appeal accepts jurisdiction in competition law damages case concerning Greek beer market

On 16 February 2021, the Amsterdam Court of Appeal set aside a judgment of the Amsterdam District Court in which the District Court declined jurisdiction over the alleged claims against Athenian Brewery, a Greek subsidiary of Heineken N.V.

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.

Marieke Driessen authors chapter on ESG in 'Sustainable Finance in Europe'

The book, entitled 'Sustainable Finance in Europe', brings together the views of expert academics and practitioners on the latest regulatory developments in sustainable finance in Europe. It includes cutting-edge issues which relate to three main themes.

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.

Update on Climate Change Litigation

One year after the Dutch Supreme Court upheld the Urgenda decision, climate change litigation is still trending. We discuss four developments in the climate change litigation landscape that build on the principles laid down in the Urgenda case law.

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.

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