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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.

Partial fine reduction for Deutsche Telekom and Slovak Telekom for abuse of dominance

The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices.

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.

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.

Stibbe advises EFG Hermes

Stibbe advised EFG Hermes, one of the leading private equity funds in the Middle East, regarding the sale of its 49% stake in a 998 MW pan-European wind energy portfolio to a group of institutional investors advised by J.P. Morgan Asset Management.

Stibbe advises Zeewolde and Geefsweer wind farms

​On 19 December 2018, the Administrative Jurisdiction Division of the Council of State ruled that the building of Zeewolde and Geefsweer wind farms could go ahead.​​

Netherlands Commercial Court to open its doors in early 2019

On 11 December 2018, the Senate approved the bill for the new international trade chamber of the Amsterdam District Court, known as the Netherlands Commercial Court (NCC), and the Netherlands Commercial Court of Appeal (NCCA).

Stibbe wins Mergermarket ‘Benelux M&A Legal Adviser of the Year’ award

During the European M&A Awards 2018 in London organised by Mergermarket, Stibbe received the ‘Benelux M&A Legal Adviser of the Year’ award. Following a review of all pitches and M&A league table data the judges selected Stibbe as the winner for the Benelu

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.

Pharmaceutical companies beware: excessive pricing enforcement is thriving

On 28 November 2018, the Organization for Economic Cooperation and Development (OECD) held a discussion on excessive pricing by pharmaceutical companies, which is a hot topic in enforcement practice throughout Europe.

A problem shared is a problem halved: fine reduction and fine liability are correlated

Companies should beware that when held jointly responsible for a cartel infringement, a fine reduction granted to one of them could affect the joint and several liability of fines allocated to the remaining companies.

Franchise argument in laundry cartel does not wash with Dutch court

Companies participating in a franchise agreement are advised to carefully assess possible competition law concerns, particularly if the franchisees are (potential) competitors.

Financial Services Disputes in the Netherlands

What are the most common causes of actions taken by or against financial institutions and service providers in Dutch jurisdiction?

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.

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.

Pay-for-delay: brightened lines between object and effect restrictions

In its first pay-for-delay case, the ECJ has clarified the criteria determining whether settlement agreements between a patent holder of a pharmaceutical product and a generic manufacturer may have as their object or effect to restrict EU competition law.

Dutch international taxation - current developments

The global debate on alleged aggressive international tax planning initiated by the G20/OECD and the EU, is an important driver of the current developments in the field of international taxation. The following is a high level summary of certain developmen

Court of Appeal in the Netherlands decides to appoint independent economic experts in TenneT v ABB

On 20 July 2018, the Court of Appeal of Gelderland published another interim judgment in the ongoing proceedings between TenneT, the grid operator in the Netherlands, and ABB in relation to the gas insulated switchgear (GIS) infringement.

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