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External safety under the Environment and Planning Act

External safety plays a role under the Environment and Planning Act in the drafting of environmental plans and the granting of environmental permits. Compared to the former environmental law regime, some important changes are taking place.

2022: the big reveal of 2021’s competition law promises

2021 was riddled with sneak previews of a “review of competition policy tools with unprecedented scope and ambition”.

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.

Back to the future – Commission publishes roadmap for green and digital challenges

The Commission’s Communication “A competition policy fit for new challenges” (the “Communication”) identifies key areas in which competition law and policy can support European efforts in dealing with the challenges of the green and digital transitions.

ECJ: private enforcement in aviation sector also a national court's game

Recently, the ECJ ruled that national courts dealing with private enforcement cases are competent to apply EU competition law to historical behaviour in the aviation sector.

Dominant firm may refuse to supply retailer after initial delivery

The Brussels Court of Appeal has held that a dominant producer firm may have valid reasons to refuse further supplies to a retailer, despite its dominance and despite previous deliveries.

Google Shopping: self-preferencing is a form of abuse of dominance

On 10 November 2021, the General Court (GC) almost entirely dismissed Google’s action against the European Commission’s Google Shopping decision.

Stibbe advises Forum Estates

A team of Stibbe’s Real Estate Transaction Group in Amsterdam advised Belgian real estate fund Forum Estates with the acquisition of three grocery stores (4,300m2) in The Netherlands.

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.

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.

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.

Increasing control of data centre locations

Due to the impact of the booming data centre market, Dutch municipalities and provinces adopt data centre policies and umbrella zoning plans to regulate data centre locations.

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.

Stibbe advises Insight Venture Partners

Stibbe advises Insight Venture Partners and its portfolio company Zone & Co on the acquisition of a 100% equity stake in Fast Four.

Des « Google Ads » basés sur le nom d'un concurrent ne constituent pas en tant que telle une pratique commerciale déloyale

Selon la Cour d'appel de Gand, il est inhérent à la libre concurrence et admis qu'une entreprise fasse de la publicité sur Internet sur base de mots-clés qui correspondent au nom et/ou au siège d'un concurrent.

Technology, Media and Telecommunications

Services & Experience

Google Shopping: self-preferencing can be abusive

The European Court of Justice has confirmed that Google abused its dominance by favouring its own shopping comparison service and demoting competing ones. However, not all favouritism is doomed.

Stibbe advised the American multinational Warner Music Group Corp.

Stibbe advised the American multinational Warner Music Group Corp. (Warner Music), one of the largest recording companies in the global music industry, on the 100% acquisition of recordlabel Cloud 9 Recordings B.V.

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