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ACM issues first excessive pricing fine in pharma

On 1 July 2021, the Dutch Authority for Consumers and Markets (ACM) imposed a fine of EUR 19.5 million on drug manufacturer Leadiant for excessive pricing of their orphan drug CDCA-Leadiant.

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.

Are your distribution contracts ready for the revised VBER?

On 9 July 2021, the Commission published its draft revised Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines.

Stibbe Luxembourg appoints François Bernard as Of Counsel

Stibbe proudly announces the promotion of François Bernard to Of Counsel in the Corporate & Finance practice of its Luxembourg office. 

DNB to start investigations on compliance with sanction regulations

On 30 March 2022, the Dutch Central Bank (De Nederlandsche Bank, "DNB") announced that it will start investigations to determine whether financial institutions take sufficient measures to comply with sanction regulations. 

New RCS filing formalities

The Luxembourg Business Registers issued an Explanatory Note further detailing the new filing formalities and requirements soon to be applicable with respect to the Luxembourg Trade and Companies Register.

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.

ACM jumps on gun-jumping bandwagon

Companies involved in multi-step acquisitions should beware of potential gun-jumping risks. The ACM has fined a trade association for failing to notify the acquisition of four pharmacies involving a consecutive partial resale.

Stibbe advises The Hague, Staedion and Heijmans

Stibbe advises the Municipality of The Hague, Housing Association Staedion, and Heijmans on a major inner city restructuring in The Hague area, consisting of the (re)development of 5,500 houses, commercial real estate and public areas.

Private Equity in the Netherlands: Tax Update 2022

In today’s rapidly changing tax environment, it is important to be aware of all relevant tax developments. In the past months, several new tax rules have been implemented or announced.

De (beperkte) mogelijkheden voor strengere vergunningvoorschriften dan de algemene eisen in het Activiteitenbesluit en het toekomstige Besluit activiteiten leefomgeving

Voor inrichtingen waarvoor op grond van de Wabo een omgevingsvergunning milieu is vereist, gelden naast de vergunningvoorschriften ook algemene regels op grond van het Activiteitenbesluit.

Digital Law Up(to)date: Additional security measures for the provision of 5G mobile services

On 17 February 2022, the Belgian legislator adopted a law amending various provisions on electronic communications in order to introduce additional security measures for the provision of 5G mobile services.

Digital Law Up(to)date: New Royal decree completes Belgian regulatory framework on crypto-exchange and wallet services providers

The Belgian Gazette published a Royal decree completing the Belgian regulatory framework on crypto-exchange and wallet services providers. The decree enters into force on 1 May 2022.

Sustainability solutions sussed out soon

More antitrust clarity has arrived for companies involved in sustainability collaborations. The EC published draft revised rules on horizontal cooperation agreements and the ACM informally approved two green initiatives in the energy sector.

New CSSF Circular 22/795 on marketing communications for cross-border distribution of funds

The CSSF published on 31 January 2022 the Circular 22/795 regarding the application of the ESMA Guidelines on marketing communications for Luxembourg investment funds (AIFs, UCITS).

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. 

Pfizer may be off the hook, but ACM pharma supervision continues

Pharma companies beware: discount schemes by former patent owners raise red flags at competition authorities.

Getting the Deal Through – Cartel Regulation 2022

Roos Elemans, Stijn de Jong and Kaj Privé contributed to Getting the Deal Through – Cartel Regulation 2022. In their publication, they discuss important issues that apply to cartel regulation in the Netherlands.

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