63 results Not so fast - General Court clarifies merger control test There is no magical number when it comes to “4-to-3” telecom mergers. On 28/5/2020, the EU’s General Court handed down a landmark judgment annulling a 2016 decision of the European Commission blocking the merger between O2 UK and Three. European Commission adopts merger simplification package to reduce red tape The European Commission recently adopted a package to simplify its procedures for reviewing concentrations under the EU Merger regulation. Under the new rules, more cases can benefit from the simplified procedure. Gun jumping: beware, the Commission will take action The Commission has imposed interim measures on Illumina and GRAIL. These measures include the obligation to run GRAIL by independent management. Proposal to amend European Emission Trading Scheme (ETS) in context of Fit-for-55 One component of the Fit-for-55 climate package is a revision of the European Emissions Trading System (ETS) to allow the ETS to also contribute to the target of 55% reduction in greenhouse gases by 2030 compared to 1990. 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. 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. 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. Game over? Gaming companies fined for geo-blocking The Commission’s cross-border sales crusade seems far from over. The EUR 7.8 million fine imposed on distribution platform owner Valve and five PC video games publishers for geo-blocking practices is the most recent notch in the Commission’s belt. Horizontal cooperation: from the dark side to the light? Recent enforcement action shows that companies involved in data sharing and data pooling or sustainability cooperation need to tread carefully. Game on for gatekeepers: Digital Markets Act finalised Now that political agreement has been reached on the final text, the Digital Markets Act (DMA) will enter into force soon. The DMA’s ex ante rules and obligations will apply next to the ad hoc EU and national competition rules. Employers beware: final warning for “job cartels” Only months after suspending an investigation into a possible wage-fixing cartel, the Dutch Authority for Consumers and Markets (ACM) has warned employers, employers’ organisations, and trade associations to not engage in no-poach agreements. Take note(s): Qualcomm’s EUR 1 billion dominance abuse fine quashed The General Court annulled the Commission’s EUR 1 billion fine imposed on Qualcomm for abuse of dominance on the LTE chipsets market. Nynke Brouwer new senior associate at Stibbe We are pleased to announce that Nynke Brouwer will be joining Stibbe’s Amsterdam office as senior associate. Her appointment as from 13 June 2022 will further strengthen our TMT/IP practice. Proposal for a Directive on Corporate Sustainability Due Diligence On 23 February 2022 the European Commission (the "Commission") published a proposal for a Directive on Corporate Sustainability Due Diligence (the "CSDD proposal"). 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. 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. 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. Please share – ACM conditionally clears shared mobility platform merger There may soon be a new competition tool available to tackle structural competition concerns in dynamic tech and platform markets. Until then, competition authorities resort to existing tools to deal with these markets. The Dutch competition authority (A Pagination Current page 1 Page 2 Page 3 Page 4 Next page
Not so fast - General Court clarifies merger control test There is no magical number when it comes to “4-to-3” telecom mergers. On 28/5/2020, the EU’s General Court handed down a landmark judgment annulling a 2016 decision of the European Commission blocking the merger between O2 UK and Three.
European Commission adopts merger simplification package to reduce red tape The European Commission recently adopted a package to simplify its procedures for reviewing concentrations under the EU Merger regulation. Under the new rules, more cases can benefit from the simplified procedure.
Gun jumping: beware, the Commission will take action The Commission has imposed interim measures on Illumina and GRAIL. These measures include the obligation to run GRAIL by independent management.
Proposal to amend European Emission Trading Scheme (ETS) in context of Fit-for-55 One component of the Fit-for-55 climate package is a revision of the European Emissions Trading System (ETS) to allow the ETS to also contribute to the target of 55% reduction in greenhouse gases by 2030 compared to 1990.
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.
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.
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.
Game over? Gaming companies fined for geo-blocking The Commission’s cross-border sales crusade seems far from over. The EUR 7.8 million fine imposed on distribution platform owner Valve and five PC video games publishers for geo-blocking practices is the most recent notch in the Commission’s belt.
Horizontal cooperation: from the dark side to the light? Recent enforcement action shows that companies involved in data sharing and data pooling or sustainability cooperation need to tread carefully.
Game on for gatekeepers: Digital Markets Act finalised Now that political agreement has been reached on the final text, the Digital Markets Act (DMA) will enter into force soon. The DMA’s ex ante rules and obligations will apply next to the ad hoc EU and national competition rules.
Employers beware: final warning for “job cartels” Only months after suspending an investigation into a possible wage-fixing cartel, the Dutch Authority for Consumers and Markets (ACM) has warned employers, employers’ organisations, and trade associations to not engage in no-poach agreements.
Take note(s): Qualcomm’s EUR 1 billion dominance abuse fine quashed The General Court annulled the Commission’s EUR 1 billion fine imposed on Qualcomm for abuse of dominance on the LTE chipsets market.
Nynke Brouwer new senior associate at Stibbe We are pleased to announce that Nynke Brouwer will be joining Stibbe’s Amsterdam office as senior associate. Her appointment as from 13 June 2022 will further strengthen our TMT/IP practice.
Proposal for a Directive on Corporate Sustainability Due Diligence On 23 February 2022 the European Commission (the "Commission") published a proposal for a Directive on Corporate Sustainability Due Diligence (the "CSDD proposal").
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.
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.
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.
Please share – ACM conditionally clears shared mobility platform merger There may soon be a new competition tool available to tackle structural competition concerns in dynamic tech and platform markets. Until then, competition authorities resort to existing tools to deal with these markets. The Dutch competition authority (A