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In this article, Ali al Khatib and Tess Linders address climate litigation and what is known as the ‘fair share’ of governments.

In deze noot bespreken Ali al Khatib en Tess Linders drie klimaatuitspraken van de Grote Kamer van het EHRM over de verplichting van overheden om klimaatverandering tegen te gaan.

The Stibbe ESG & Sustainability Conference took place on 25 June. The take aways on the two main topics Greenwashing vs. Greenbleaching and Climate Litigation can be found in a freely accessible one-pager.

Deze zomer wees het Europees Sociaal Comité voor Sociale Rechten (ECSR) de klachten af die FNV en CNV hadden ingediend over het Nederlandse stakingsrecht.

The Court of Appeal of 's-Hertogenbosch ruled that several producers of prestressing steel are jointly and severally liable for potential loss that Deutsche Bahn may have suffered as a result of an infringement of competition law rules.

Dominant pharma companies had better watch their words and use the patent system wisely. Pharma company Teva was fined EUR 462.6 million for disparagement and ‘divisional gaming’ to delay market entry and hinder the uptake of a competing drug.

The European Commission is on the prowl in the pharma sector. Recent cases on alleged disparagement and pipeline drugs-killings show that it is not afraid to show its teeth and, ultimately, bite.

The EU General Court confirms that Qualcomm’s below-cost pricing strategy designed to eliminate competition was predatory. This judgment, the first of its kind in over a decade, provides useful guidance on predatory pricing practices.

On 23 January 2024, the ACM announced its priorities for 2024. The energy transition, the digital economy and sustainability are still on the ACM’s priority list, but now with better-equipped enforcement methods available.

The General Court has annulled the EUR 1.49 billion fine imposed on Google. The Commission had failed to properly assess the allegedly abusive contractual clauses related to online advertising, including whether they actually had a lock-in effect.

The European financial markets feature numerous financial products with characteristics such as ‘green’, ‘ESG’, ‘sustainable’, ‘climate’, ‘transition’, ‘impact’ or similar. But when is it fair to name or label financial products as such?

While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent.

Companies beware: completed non-notifiable concentrations do not necessarily go scot-free. An ex post abuse-of-dominance investigation by national competition authorities (NCA) could still loom.

While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent.

Effective from Q1 2023, the Netherlands Authority for the Financial Markets (the “AFM”) indicated that it will require AIFMs who have notified AIFs for marketing under Article 36/Article 42 AIFMD to submit Periodic Reports.

Unfair trading conditions and tying are gaining traction as alleged abusive practices in the digital industry, as the European Commission fines Meta EUR 797.72 million for hindering competitors of Facebook Marketplace.

A potential major overhaul of EU merger control review began on 8 May 2025. Time for stakeholders to speak up about whether and particularly how the European Commission should incorporate wider strategic or societal objectives into its merger assessments.

Patent settlement agreements between originator pharmaceutical companies and generics manufacturers are a risky business. Originator medicine company Servier and five generic companies rolled the dice and the ECJ largely confirmed their antitrust fines.