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Low prices, high fines: Commission's creative purchase cartel fine upheld

Companies should take note that the European Commission will deviate from its own general fining methodology if a particular case calls for it. The General Court recently upheld the Commission's novel fining approach in regard of a purchase cartel.

Part two - GDPR and Public Law: Data protection in public procurement

Nearly a year after the GDPR took effect, questions have emerged about its interaction with public law. This three-part blog series "GDPR and Public Law" explores three key issues regarding its impact on public law and government.

Stibbe wins Netherlands Tax Firm of the Year Award for the third time

During the annual European Tax Awards organised by the International Tax Review, Stibbe was once again recognised with the ‘Netherlands Tax Firm of the Year Award’. This completes a hat-trick of Stibbe wins in this category, after also bringing home the A

ARRC releases recommended contractual fallback language for U.S. Dollar LIBOR syndicated loans

By now almost everyone knows that the world of interest rate benchmarks is going to change.

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.

ACM launches probe into Apple's App Store

The Dutch Authority for Consumers and Markets (ACM) has announced that it is opening an  investigation into whether Apple abuses the position it has attained with its App Store. The investigation will initially focus on news apps.

Double-check your merger info - or face significant fines for inaccuracies

Failing to submit complete and accurate information to the European Commission during a merger investigation can have costly consequences.

Qualcomm loses General Court battle over request for information

The General Court (GC) recently rejected Qualcomm's appeal against a Commission decision requesting information. The Commission's request was presented to the company after the issuance of a statement of objections.

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.

Lifting attachments on assets of international organisations in another state

Are Dutch courts entitled to lift a prejudgment attachment levied against an international organisation on its assets in another state?

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.

The need for speed in mergers is no reason to ignore rights of defence

On 16 January 2019, the European Court of Justice clarified the procedural guarantees the European Commission needs to provide to merging parties during merger reviews.

Stibbe StartsUP welcomes Dyme

Fintech-startup Dyme is the latest company to join the Stibbe StartsUP  program. As a finalist of the Accenture Innovation Awards in 2018, Dyme will be able to benefit from legal expertise from Stibbe on a range of issues. 

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.

Tick-tock: no reset of the appeal clock for amending Commission decision

The European Court of Justice recently upheld the General Court's order finding that metal production and recycling company Eco-Bat had submitted its appeal outside of the appeal term.

Stibbe advises Panda Green Energy

Stibbe assisted Panda Green Energy, formerly known as United Photovoltaics Group, with the Luxembourg aspects of the sale of six UK solar farms, with a combined capacity of about 82.5MW, to Greencoat Solar.

Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice

Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment.

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