128 results The ACM’s priorities in 2023: the energy transition, digitalisation, and sustainability On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions. District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP. EFTA Court: end-use emissions must be assessed in an EIA before fossil fuel project approvals The EFTA Court held that end-use emissions from oil and gas consumption are effects of extraction projects. Guan Schaiko and Sofie Ulrix analyse advisory opinion E-18/24 and the legal obligation to include Scope 3 emissions under the EIA Directive. 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. EU Compass: Boosting competitiveness as North Star Are ‘European champion’ companies walled off from unfair (foreign) competition the future? The European Commission recently presented its Competitiveness Compass to navigate the European Union to strengthened competitiveness. 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. ECJ in Unilever: commercial policy by dominant undertakings on thin ice Unilever shows the need to assess evidence on lack of anti-competitive effects in abuse cases and how liability can extend across different levels of the supply chain. Dominant undertakings had better think twice when imposing policy on distributors. 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. 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. ESG risk management: developments in the Dutch and EU financial sector What ESG risk rules are coming for EU/Dutch financial firms? DNB’s new climate risk Guide for insurers, pension funds, and payment firms aligns with EBA ESG Guidelines. This blog explains how both shape the future of EU ESG risk management. The Sustainable Finance Package 2023 In this blog, we discuss the Sustainable Finance Package published by the European Commission in June 2023. No time to rest! Updates on Dutch and European investment screening After a busy 2024 in terms of screening action, there is no time to take a rest for the Dutch and EU legislators on the topic of investment screening. Time for another update! Update tijdpad implementatie richtlijn loontransparantie in Nederland In een onlangs verschenen brief aan de Tweede Kamer geeft de minister van Sociale zaken en Werkgelegenheid een update over de implementatie van de Europese richtlijn Loonstransparantie. Q&A document published on the new Dutch tax classification rules for (foreign) entities The Dutch Tax Authorities published a Questions and Answers document (the “Q&A”) addressing various questions which arose in practice in connection with the new Dutch tax classification rules for (foreign) entities. The impact of geopolitical developments on transactions: a tangled web of rules and hurdles Where is the line between openness and protectionism in the European single market? At both EU and national level, more and more protective barriers against foreign investors and acquirers have been created in the international competition. Repsol: Dutch parent company cannot simply be used as anchor defendant to create jurisdiction Foreign entities are often sued in the Netherlands on the basis of the ‘anchor defendant’ construction. From Farm to Fairness: Unpacking the Dutch Unfair Trading Practices Act for the Agri-Food Supply Chain Since 2021, Dutch rules against unfair trading practices, which implemented an EU Directive, apply to business-to-business relationships in agri-food supply chains. Enforcement by the ACM, initially slow, is now intensifying. First trip around the sun: FSR – one year in review The Foreign Subsidies Regulation has celebrated one year of its application. Time for companies to take stock of the lessons learnt from key developments of this first year. However, ambiguities remain and more is yet to come. Watch this space! Pagination Previous page Page 5 Current page 6 Page 7 Page 8 Next page
The ACM’s priorities in 2023: the energy transition, digitalisation, and sustainability On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions.
District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP.
EFTA Court: end-use emissions must be assessed in an EIA before fossil fuel project approvals The EFTA Court held that end-use emissions from oil and gas consumption are effects of extraction projects. Guan Schaiko and Sofie Ulrix analyse advisory opinion E-18/24 and the legal obligation to include Scope 3 emissions under the EIA Directive.
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.
EU Compass: Boosting competitiveness as North Star Are ‘European champion’ companies walled off from unfair (foreign) competition the future? The European Commission recently presented its Competitiveness Compass to navigate the European Union to strengthened competitiveness.
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.
ECJ in Unilever: commercial policy by dominant undertakings on thin ice Unilever shows the need to assess evidence on lack of anti-competitive effects in abuse cases and how liability can extend across different levels of the supply chain. Dominant undertakings had better think twice when imposing policy on distributors.
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.
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.
ESG risk management: developments in the Dutch and EU financial sector What ESG risk rules are coming for EU/Dutch financial firms? DNB’s new climate risk Guide for insurers, pension funds, and payment firms aligns with EBA ESG Guidelines. This blog explains how both shape the future of EU ESG risk management.
The Sustainable Finance Package 2023 In this blog, we discuss the Sustainable Finance Package published by the European Commission in June 2023.
No time to rest! Updates on Dutch and European investment screening After a busy 2024 in terms of screening action, there is no time to take a rest for the Dutch and EU legislators on the topic of investment screening. Time for another update!
Update tijdpad implementatie richtlijn loontransparantie in Nederland In een onlangs verschenen brief aan de Tweede Kamer geeft de minister van Sociale zaken en Werkgelegenheid een update over de implementatie van de Europese richtlijn Loonstransparantie.
Q&A document published on the new Dutch tax classification rules for (foreign) entities The Dutch Tax Authorities published a Questions and Answers document (the “Q&A”) addressing various questions which arose in practice in connection with the new Dutch tax classification rules for (foreign) entities.
The impact of geopolitical developments on transactions: a tangled web of rules and hurdles Where is the line between openness and protectionism in the European single market? At both EU and national level, more and more protective barriers against foreign investors and acquirers have been created in the international competition.
Repsol: Dutch parent company cannot simply be used as anchor defendant to create jurisdiction Foreign entities are often sued in the Netherlands on the basis of the ‘anchor defendant’ construction.
From Farm to Fairness: Unpacking the Dutch Unfair Trading Practices Act for the Agri-Food Supply Chain Since 2021, Dutch rules against unfair trading practices, which implemented an EU Directive, apply to business-to-business relationships in agri-food supply chains. Enforcement by the ACM, initially slow, is now intensifying.
First trip around the sun: FSR – one year in review The Foreign Subsidies Regulation has celebrated one year of its application. Time for companies to take stock of the lessons learnt from key developments of this first year. However, ambiguities remain and more is yet to come. Watch this space!