326 results European Court of Justice: principle against double jeopardy does not preclude dual fines The European Court of Justice recently confirmed that a national competition authority can impose a single fine on a company for infringements of both national and EU competition law without violating the principle against double jeopardy. If EU Damages Directive does not apply, national rules enable claimants to claim EU antitrust damages The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages. Commercial interest on overdue interest payments on a loan – uncertainty remains If a person buys a car from a car dealer and fails to pay the purchase price on the agreed date, that person has to pay not only the purchase price but also statutory interest (Clause 6:119 DCC), unless otherwise agreed. Transitional rules announced for certain Dutch tax acts in case of no deal Brexit On 4 February 2019, the Dutch State Secretary of Finance sent a letter to the Dutch Parliament announcing transitional rules for Dutch taxes (other than customs legislation) if there will not be a Brexit withdrawal agreement (i.e. a no deal Brexit). The l Daisy Nijkamp Partner Amsterdam Amended governance rules addressing third party funding for collective claim organizations On 4 March 2019, an amended version of the Dutch "Claimcode" was published. The Claimcode is an instrument of self-regulation, created by parties who are active on the claims market. General Court dismisses Canal+ appeal against pay-TV commitment decision The General Court recently dismissed the appeal brought by Canal+ against the decision of the European Commission making the commitments of Paramount legally binding. Results of ISDA consultation on benchmark fallbacks now available Results of ISDA consultation on benchmark fallbacks now available. As part of an initiative to amend its standard derivatives documentation to facilitate the replacement of existing interbank offered rates (IBORs) by new risk free rates (RFRs), the Intern Brush up and avoid dawn raid drama - the clock is ticking There is no time like the present for companies to give their staff an opportunity to brush up on their responsibilities so they know what to do during dawn raids. Tax Alert: State Secretary of Finance announces main features of the revised Dutch tax ruling practice In his letter of 22 November 2018 (the “Letter”), the Dutch State Secretary of Finance outlines the revised Dutch ruling practice for tax rulings with an international character (“international tax rulings”), aimed to become effective as from 1 July 2019. European Court of Justice clarifies the application of choice of forum clauses in competition damages claims On 24 October 2018, the European Court of Justice ruled that a choice of forum clause in a contract between Apple and eBizcuss, a former reseller of Apple products, may apply to abuse of dominance claims. ACM bound by its own rules during dawn raids Companies are well advised to carefully read the 2014 Procedure for the inspection of digital data (2014 Procedure) before the Dutch Authority for Consumers and Markets (ACM) comes knocking. Rotterdam District Court rules on follow-on damages claim in relation to Dutch bitumen cartel The Rotterdam District Court recently clarified that the date of news coverage of a European Commission dawn raid will not set off the limitation period for a cartel damages claim if it is not clear to the potential cartel victim that [...]. Consumers and Sustainability: 2020 competition enforcement buzzwords The ACM will include the effects of mergers on labour conditions in its review. It will also investigate excessive pricing of prescription drugs. Den Bosch Court of Appeal revives damages claims in Dutch prestressing steel litigation On 28 January 2020, the Court of Appeal of Den Bosch issued a ruling in the Dutch prestressing steel litigation. No full judicial review of each document seized during dawn raid Companies should keep a careful record of which documents the Belgian Competition Authorities seize during a dawn raid. Can the government refrain from imposing enforcement measures if it is not within the offender’s power to comply with a standard? What should be done if a stakeholder makes a request to the government for enforcement to rectify violations in a scenario where the offender does not have full power to comply because of a reliance on third parties? European Commission issues a new Best Practices Code for State aid control On 16 July 2018, the European Commission adopted a new Best Practices Code for State aid control. With this code the Commission aims to provide clarity to Member States, businesses and stakeholders about the day-to-day conduct of State aid procedures. Pagination Previous page Page 10 Current page 11 Page 12 Page 13 Next page
European Court of Justice: principle against double jeopardy does not preclude dual fines The European Court of Justice recently confirmed that a national competition authority can impose a single fine on a company for infringements of both national and EU competition law without violating the principle against double jeopardy.
If EU Damages Directive does not apply, national rules enable claimants to claim EU antitrust damages The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages.
Commercial interest on overdue interest payments on a loan – uncertainty remains If a person buys a car from a car dealer and fails to pay the purchase price on the agreed date, that person has to pay not only the purchase price but also statutory interest (Clause 6:119 DCC), unless otherwise agreed.
Transitional rules announced for certain Dutch tax acts in case of no deal Brexit On 4 February 2019, the Dutch State Secretary of Finance sent a letter to the Dutch Parliament announcing transitional rules for Dutch taxes (other than customs legislation) if there will not be a Brexit withdrawal agreement (i.e. a no deal Brexit). The l
Amended governance rules addressing third party funding for collective claim organizations On 4 March 2019, an amended version of the Dutch "Claimcode" was published. The Claimcode is an instrument of self-regulation, created by parties who are active on the claims market.
General Court dismisses Canal+ appeal against pay-TV commitment decision The General Court recently dismissed the appeal brought by Canal+ against the decision of the European Commission making the commitments of Paramount legally binding.
Results of ISDA consultation on benchmark fallbacks now available Results of ISDA consultation on benchmark fallbacks now available. As part of an initiative to amend its standard derivatives documentation to facilitate the replacement of existing interbank offered rates (IBORs) by new risk free rates (RFRs), the Intern
Brush up and avoid dawn raid drama - the clock is ticking There is no time like the present for companies to give their staff an opportunity to brush up on their responsibilities so they know what to do during dawn raids.
Tax Alert: State Secretary of Finance announces main features of the revised Dutch tax ruling practice In his letter of 22 November 2018 (the “Letter”), the Dutch State Secretary of Finance outlines the revised Dutch ruling practice for tax rulings with an international character (“international tax rulings”), aimed to become effective as from 1 July 2019.
European Court of Justice clarifies the application of choice of forum clauses in competition damages claims On 24 October 2018, the European Court of Justice ruled that a choice of forum clause in a contract between Apple and eBizcuss, a former reseller of Apple products, may apply to abuse of dominance claims.
ACM bound by its own rules during dawn raids Companies are well advised to carefully read the 2014 Procedure for the inspection of digital data (2014 Procedure) before the Dutch Authority for Consumers and Markets (ACM) comes knocking.
Rotterdam District Court rules on follow-on damages claim in relation to Dutch bitumen cartel The Rotterdam District Court recently clarified that the date of news coverage of a European Commission dawn raid will not set off the limitation period for a cartel damages claim if it is not clear to the potential cartel victim that [...].
Consumers and Sustainability: 2020 competition enforcement buzzwords The ACM will include the effects of mergers on labour conditions in its review. It will also investigate excessive pricing of prescription drugs.
Den Bosch Court of Appeal revives damages claims in Dutch prestressing steel litigation On 28 January 2020, the Court of Appeal of Den Bosch issued a ruling in the Dutch prestressing steel litigation.
No full judicial review of each document seized during dawn raid Companies should keep a careful record of which documents the Belgian Competition Authorities seize during a dawn raid.
Can the government refrain from imposing enforcement measures if it is not within the offender’s power to comply with a standard? What should be done if a stakeholder makes a request to the government for enforcement to rectify violations in a scenario where the offender does not have full power to comply because of a reliance on third parties?
European Commission issues a new Best Practices Code for State aid control On 16 July 2018, the European Commission adopted a new Best Practices Code for State aid control. With this code the Commission aims to provide clarity to Member States, businesses and stakeholders about the day-to-day conduct of State aid procedures.