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Court of Justice refers case against Infineon in relation to smart card chips cartel back to the General Court

On 26 September 2018, the European Court of Justice partially set aside the judgment of the General Court in the smart card chips cartel case.

Tax Alert: Budget Day tax proposals

On 18 September it was budget day (Prinsjesdag) in the Netherlands on which the Dutch government released several bills of law containing tax law proposals. In this Tax Alert we will provide you with a summary of the main proposals relevant for internatio

District Court of Amsterdam rules on requests for pre-procedural hearings

On 29 March 2018, the District Court of Amsterdam ruled on requests for pre-procedural hearings in relation to the alleged infringements in the two separate cases of Trucks and CRT.

European Commission imposes record fine on Altice for premature implementation of PT Portugal acquisition

On 24 April 2018, the European Commission announced that it had imposed a fine of EUR 124.5 million on Altice for acquiring control of PT Portugal before clearance by the Commission ('gun-jumping').

Germany did not err in extraditing an Italian citizen to the US for a competition law infringement

On 10 April 2018, the European Court of Justice ruled that Germany did not breach EU law by extraditing an Italian citizen to the United States for a competition law infringement.

Dutch Under-Minister of Finance clarifies expected changes to the Dutch CIT fiscal unity regime

In his letter (the “Letter”) of 20 April 2018 the Dutch Under-Minister of Finance has answered questions raised by a member of the Second Chamber of Parliament regarding the Dutch corporate income tax (“CIT”) fiscal unity regime. 

Legislative proposal on changes to the Dutch CIT fiscal unity made public

On 22 February 2018 the European Court of Justice ('ECJ') decided on two cases (C-398/16 and C-399/16), which are relevant for purposes of the 'per-element-approach' concerning the Dutch corporate income tax ('CIT') fiscal unity regime. To mitigate the (n

District Court of Amsterdam declines jurisdiction in competition law damages case

On 9 May 2018, the District Court of Amsterdam declined to accept jurisdiction over Athenian Brewery (AB), a Greek subsidiary of Heineken, in a civil case brought by competitor Macedonian Thrace Brewery (MTB).

European Commission must reassess Lufthansa's request to waive merger commitments

On 16 May 2018, the General Court partially annulled the European Commission's rejection of Lufthansa's request to waive pricing commitments it had given when it acquired Swiss International Air Lines (Swiss) in 2005.

European Court of Justice rules EY did not violate stand-still obligation in Danish merger

On 31 May 2018, the European Court of Justice ruled that Ernst & Young (EY) did not illegally implement the acquisition of KPMG Denmark (KPMG DK) before obtaining antitrust clearance.

District Court rules on the preliminary defences in CRT case

On 29 November 2017, the District Court of East-Brabant ruled in four separate judgments on preliminary defences raised by defendants in damages claims brought by various Brazilian claimants in relation to the alleged cartel in cathode ray tubes (CRT).

District Court Amsterdam rules real estate platform Funda did not abuse its dominant position

On 21 March 2018, the District Court of Amsterdam delivered its judgment in a dispute between two real estate associations (VBO Makelaars and NVM) over the online platform of Funda Real Estate (Funda).

First Dutch excessive pricing case in pharma may be expected soon

On 7 March 2018, the president of the Dutch Authority for Consumers and Markets (ACM) together with two colleagues published a paper concerning the application of the competition rules in the pharmaceutical industry.

Right to free choice of lawyer also applies to stages in a dispute that may lead to proceedings

The European Court of Justice (ECJ) has found in a judgment of May 2020 that the right of a legal assistance insured person to freely choose his or her lawyer applies not only to proceedings before a court or an administrative body [...].

The Dutch scheme – Classes and voting

The Act on confirmation of private restructuring plans – which introduces a framework allowing debtors to restructure their debts outside formal insolvency proceedings (termed the “Dutch Scheme“) – was adopted by the Dutch Senate on 6 October 2020.

ACM study calls for regulation of Big Techs on payment market

The ACM’s market study, published on 1 December 2020, provides an overview of recent and upcoming developments concerning the role of Big Tech companies in both online and offline payment markets in the Netherlands.

Amsterdam District Court puts a halt to unlimited forum shopping

On 25 November 2020, the Amsterdam District Court (the Court) declined jurisdiction over all non-Dutch defendants (the foreign defendants) in proceedings for compensation of damage based partly on an infringement of Article 101 TFEU.

Commission evaluates Antitrust Damages Directive: to be continued

On 14 December 2020, the Commission published a report on the implementation of the Antitrust Damages Directive (the Directive). The Commission observes a significant increase in antitrust damages actions since the adoption of the Directive.

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