1002 results New CSSF Circular 22/795 on marketing communications for cross-border distribution of funds The CSSF published on 31 January 2022 the Circular 22/795 regarding the application of the ESMA Guidelines on marketing communications for Luxembourg investment funds (AIFs, UCITS). Employers beware: final warning for “job cartels” Only months after suspending an investigation into a possible wage-fixing cartel, the Dutch Authority for Consumers and Markets (ACM) has warned employers, employers’ organisations, and trade associations to not engage in no-poach agreements. Pfizer may be off the hook, but ACM pharma supervision continues Pharma companies beware: discount schemes by former patent owners raise red flags at competition authorities. Duality on dual distribution resolved? Nothing is more fickle than information exchange: it changes colour under EU competition rules depending on the nature of the relationship between the exchanging companies. Netherlands Chapter in The Tax Disputes and Litigation Review, edition 10 Reinout de Boer, Michael Molenaars, Rogier van der Struijk, Mieke Lavreysen and Tirza Cramwinckel contributed to the Tax Disputes and Litigation review in a chapter about the Netherlands. Digital Law Up(to)date: The European Commission publishes the draft of the Data Act On 23 February 2022, the European Commission published its draft Data Act, i.e. a proposal for a regulation on harmonised rules on fair access to and use of data. The text is part of the European strategy for data launched by the Commission in 2020. Getting the Deal Through – Cartel Regulation 2022 Roos Elemans, Stijn de Jong and Kaj Privé contributed to Getting the Deal Through – Cartel Regulation 2022. In their publication, they discuss important issues that apply to cartel regulation in the Netherlands. Courts take lenient approach to standing of ‘idealistic’ claim foundations under Dutch class action regime Recent case law on the standing of ‘idealistic’ claim foundations shows courts’ lenient approach. Naar een besluit-effectenrapportage als evenredigheidsbarometer Terwijl ons land in lockdown verkeerde, lijkt het bestuursrecht te zijn ontketend. Dit als antwoord op de roep uit de maatschappij om meer tegenwicht door de rechter. Digital Law Up(to)date: The EDPS claims Pegasus might lead to an unprecedented level of intrusiveness On 15 February 2022, the European Data Protection Supervisor published Preliminary Remarks on Modern Spyware. In fact, this document directly targets the Pegasus spyware developed by an Israeli company. Digital Law Up(to)date: Interesting points in a DPA decision based on a cross-border complaint relating to cookies The Belgian Data Protection Authority published an interesting decision of its Litigation chamber. The content of the decision is not completely new, but it provides (or recalls) some relevant elements for personal data practitioners. Digital Law Up(to)date: Belgian legislator strengthens legislation on crypto-exchange and wallet service providers On 11 February 2022, the Belgian Official Gazette published a new law modifying the Belgian anti-money laundering law. The objective of the text is to introduce new provisions to regulate crypto-exchange and wallet service providers. Digital Law Up(to)date: Belgian DPA fines NGO and researcher for GDPR violations regarding the political profiling of tweets The Belgian DPA fined an NGO and a researcher both active in the fight against disinformation for violating GDPR provisions. Digital Law Up(to)date: The cookie consent framework of IAB Europe violates the GDPR On 2 February 2022, the Belgian Data Protection Authority considered that the Transparency and Consent Framework (TCF) developed by Interactive Advertising Bureau Europe (IAB) violates the GDPR. Circular economy and current and future Dutch administrative law On Wednesday 19 January, a webinar took place concerning current affairs in the circular economy and administrative law. The webinar was held by the VMR Jong working group of the Environmental Law Association (Vereniging voor milieurecht Jong). Second time lucky: Intel’s EUR 1.06 billion loyalty rebate fine quashed Intel’s second round at the General Court was significantly more successful than its first. In the first round, the General Court had failed to analyse whether the loyalty rebates at issue were capable of restricting competition. In the second round, afte Belgium Billiard ball association’s exclusive sponsoring contracts with suppliers of billiard products infringes competition law A Belgian enterprise Court decided that the Belgian Billiard Association is an undertaking for competition law purposes to the extent that it organises billiard tournaments. Belgian Competition Authority approves merger between Port of Antwerp and Port of Zeebrugge By decision of 7 January 2022, the Belgian Competition Authority approved the merger between the Port of Antwerp and the Port of Zeebrugge. This merger deals with two important ports in Europe, in particular in the Hamburg – Le Havre range. Pagination Previous page Page 32 Current page 33 Page 34 Page 35 Next page
New CSSF Circular 22/795 on marketing communications for cross-border distribution of funds The CSSF published on 31 January 2022 the Circular 22/795 regarding the application of the ESMA Guidelines on marketing communications for Luxembourg investment funds (AIFs, UCITS).
Employers beware: final warning for “job cartels” Only months after suspending an investigation into a possible wage-fixing cartel, the Dutch Authority for Consumers and Markets (ACM) has warned employers, employers’ organisations, and trade associations to not engage in no-poach agreements.
Pfizer may be off the hook, but ACM pharma supervision continues Pharma companies beware: discount schemes by former patent owners raise red flags at competition authorities.
Duality on dual distribution resolved? Nothing is more fickle than information exchange: it changes colour under EU competition rules depending on the nature of the relationship between the exchanging companies.
Netherlands Chapter in The Tax Disputes and Litigation Review, edition 10 Reinout de Boer, Michael Molenaars, Rogier van der Struijk, Mieke Lavreysen and Tirza Cramwinckel contributed to the Tax Disputes and Litigation review in a chapter about the Netherlands.
Digital Law Up(to)date: The European Commission publishes the draft of the Data Act On 23 February 2022, the European Commission published its draft Data Act, i.e. a proposal for a regulation on harmonised rules on fair access to and use of data. The text is part of the European strategy for data launched by the Commission in 2020.
Getting the Deal Through – Cartel Regulation 2022 Roos Elemans, Stijn de Jong and Kaj Privé contributed to Getting the Deal Through – Cartel Regulation 2022. In their publication, they discuss important issues that apply to cartel regulation in the Netherlands.
Courts take lenient approach to standing of ‘idealistic’ claim foundations under Dutch class action regime Recent case law on the standing of ‘idealistic’ claim foundations shows courts’ lenient approach.
Naar een besluit-effectenrapportage als evenredigheidsbarometer Terwijl ons land in lockdown verkeerde, lijkt het bestuursrecht te zijn ontketend. Dit als antwoord op de roep uit de maatschappij om meer tegenwicht door de rechter.
Digital Law Up(to)date: The EDPS claims Pegasus might lead to an unprecedented level of intrusiveness On 15 February 2022, the European Data Protection Supervisor published Preliminary Remarks on Modern Spyware. In fact, this document directly targets the Pegasus spyware developed by an Israeli company.
Digital Law Up(to)date: Interesting points in a DPA decision based on a cross-border complaint relating to cookies The Belgian Data Protection Authority published an interesting decision of its Litigation chamber. The content of the decision is not completely new, but it provides (or recalls) some relevant elements for personal data practitioners.
Digital Law Up(to)date: Belgian legislator strengthens legislation on crypto-exchange and wallet service providers On 11 February 2022, the Belgian Official Gazette published a new law modifying the Belgian anti-money laundering law. The objective of the text is to introduce new provisions to regulate crypto-exchange and wallet service providers.
Digital Law Up(to)date: Belgian DPA fines NGO and researcher for GDPR violations regarding the political profiling of tweets The Belgian DPA fined an NGO and a researcher both active in the fight against disinformation for violating GDPR provisions.
Digital Law Up(to)date: The cookie consent framework of IAB Europe violates the GDPR On 2 February 2022, the Belgian Data Protection Authority considered that the Transparency and Consent Framework (TCF) developed by Interactive Advertising Bureau Europe (IAB) violates the GDPR.
Circular economy and current and future Dutch administrative law On Wednesday 19 January, a webinar took place concerning current affairs in the circular economy and administrative law. The webinar was held by the VMR Jong working group of the Environmental Law Association (Vereniging voor milieurecht Jong).
Second time lucky: Intel’s EUR 1.06 billion loyalty rebate fine quashed Intel’s second round at the General Court was significantly more successful than its first. In the first round, the General Court had failed to analyse whether the loyalty rebates at issue were capable of restricting competition. In the second round, afte
Belgium Billiard ball association’s exclusive sponsoring contracts with suppliers of billiard products infringes competition law A Belgian enterprise Court decided that the Belgian Billiard Association is an undertaking for competition law purposes to the extent that it organises billiard tournaments.
Belgian Competition Authority approves merger between Port of Antwerp and Port of Zeebrugge By decision of 7 January 2022, the Belgian Competition Authority approved the merger between the Port of Antwerp and the Port of Zeebrugge. This merger deals with two important ports in Europe, in particular in the Hamburg – Le Havre range.