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Landmark ECJ ruling: subsidiary liability in follow-on cartel cases

On 6 October 2021, the European Court of Justice issued a landmark judgment in the Sumal case.

ACM walks the walk: first-ever vertical price coordination fine

The Dutch Competition Authority (“ACM”) has claimed a first victim in its vertical restraints battle. Samsung Electronics was fined nearly EUR 40 million for having meddled in the online resale prices for televisions at seven retailers.

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 Bouckaert

Partner Brussels

Dutch Supreme Court clarifies rules on the moment of default by operation of law: can the default be deferred following actions of the creditor?

The Dutch Supreme Court rendered judgment on 12 April 2024 ECLI:NL:HR:2024:575, clarifying the moment at which a debtor is in default following non-performance.

Cease fire on troubled companies! Royal Decree temporarily suspends enforcement

Royal Decree No. 15 introduces a temporary moratorium amid COVID-19, shielding debtor-companies from enforcement measures and bankruptcy declarations.

Finding your way through the maze of Belgian aid measures available to businesses in times of COVID-19

In order to help companies in these dire times of COVID-19, Belgium’s federal and regional governments have provided an arsenal of aid measures. Sophie Van Besien, Michèle de Clerck and Peter Wytinck provide an overview.

Real estate and the impact of COVID-19

COVID-19 is increasingly disrupting our real estate industry. This article provides you with answers to some of the legal questions raised by the real estate industry during this crisis.

Construction sector and corona: on the brakes unnecessarily?

Here and there throughout the construction sector, the corona crisis appears to be unnecessarily slowing down production. In particular, the process for granting permits has slowed down. Clients are putting certain construction projects on hold, while ten

The Netherlands' Budget Day 2020: the impact of the Dutch 2021 Tax Package on international businesses

In this Tax Alert we will summarize three recent tax developments that are relevant for international business with presence in the Netherlands.

The impact of the Division’s PAN decision on the permissibility of nitrogen relevant activities?

On 29 May 2019, in a long-awaited decision, the Administrative Jurisdiction Division of the Council of State (the “Division”) held that the Programmatic Approach to Nitrogen (“PAN”) was adopted in contravention of the Habitats Directive.

Can you rely on your contract to process personal data?

The EDPB adopted on 9 April 2019 a set of draft guidelines on personal data processing under Article 6(1)(b) GDPR in the context of providing online services to data subjects.

Dutch Trade and Industry Appeals Tribunal upholds appeal and confirms fines on taxi companies

The Trade and Industry Appeals Tribunal (CBb) recently overturned two judgments of the Rotterdam District Court and confirmed the fines imposed on two taxi firms.

FAQ: Information requests from supervisory authorities

The Social Affairs and Employment Inspectorate stated it plans to monitor compliance with legal standards more intensively in the future. For example, the SAEI announced in April 2018 that it would be taking a ‘tough approach’ on occupational accididents.

Double roles in attributing knowledge

The knowledge of a person who in fact runs a company can be attributed to the company if the sole director and shareholder is a 'straw man', the Supreme Court confirmed in a judgment of 29 March 2019.

Loyalty rebate scheme 'saved' by pharma company's market misconceptions

The UK Competition and Markets Authority (CMA) recently closed its investigation into a discount scheme by dominant pharma company Merck Sharp & Dohme (MSD) aimed at preventing the National Health Service (NHS) from switching to competing biosimilars.

Guess what, online branding restrictions are on the Commission's radar

Companies are probably aware of the Commission's eagerness to clamp down on online resale price maintenance and geo-blocking restrictions. The recent fine for vertical restraints by clothing company Guess marks a new dot on the Commission's radar.

The ACM may cast the net wide in cartel investigations

Companies beware: the ACM may not need to specify the scope of its investigation into suspected cartel infringements in as much detail as expected.

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