1003 results 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. 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. Tax Alert: No abolition of Dutch dividend withholding tax Further to the several tax proposals released by the Dutch government on Budget Day last month (see our Tax Alert of 20 September 2018), on 15 October the Dutch State Secretary of Finance sent a letter to the Dutch parliament containing a reconsideration Dutch Trade and Industry Appeals Tribunal annuls mail market analysis decision On 3 September 2018, the Trade and Industry Appeals Tribunal (CBb) annulled the market analysis decision regarding 24-hour business mail issued by the Dutch Authority for Consumers and Markets (ACM) on 27 July 2017. 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. The role of individuals in antitrust enforcement actions: it's personal! Over the years, an increasing number of jurisdictions have decided to follow the U.S. example by making it possible to go not only after companies but also after individuals who were involved in violating competition rules. Further guidance on Dutch ATAD implementation and measures against letterbox companies Further to the policy plans published by the Dutch government in October 2017, the Dutch State Secretary of Finance published on February 23, 2018 a Letter (the "Letter") containing further details on certain aspects of the Dutch government's two way appr ECJ ruling on Dutch CIT Fiscal Unity prompts legislative action In this Tax Alert we will address the anxiously awaited ruling of the European Court of Justice ("ECJ") on the joined cases C-398/16 and C-399/16. This judgement deals with the question whether EU law obliges the Netherlands to let taxpayers cherry pick b General Court leaves door ajar for pharma companies in the Servier-case On 12 December 2018, the General Court partly annulled the Commission's decision to fine drug manufacturer and originator company Servier and five generic companies in a reverse payment patent settlement case. Walking the tightrope between data protection and EU investigations Two recent publications confirm that it is possible for companies to cooperate with a European Commission investigation and still comply with the data protection rules. 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. Results of ISDA consultation on benchmark fallbacks now available Results of ISDA consultation on benchmark fallbacks now available. As part of an initiative to amend its standard derivatives documentation to facilitate the replacement of existing interbank offered rates (IBORs) by new risk free rates (RFRs), the Intern Rotterdam District Court quashes cartel fines imposed by the ACM on cold storage operators On 12 April 2018, the District Court of Rotterdam quashed four fines imposed by the Dutch Authority for Consumers and Markets (ACM) on cold storage operators and their respective directors for violating the cartel prohibition. Pagination Previous page Page 47 Current page 48 Page 49 Page 50 Next page
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.
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.
Tax Alert: No abolition of Dutch dividend withholding tax Further to the several tax proposals released by the Dutch government on Budget Day last month (see our Tax Alert of 20 September 2018), on 15 October the Dutch State Secretary of Finance sent a letter to the Dutch parliament containing a reconsideration
Dutch Trade and Industry Appeals Tribunal annuls mail market analysis decision On 3 September 2018, the Trade and Industry Appeals Tribunal (CBb) annulled the market analysis decision regarding 24-hour business mail issued by the Dutch Authority for Consumers and Markets (ACM) on 27 July 2017.
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.
The role of individuals in antitrust enforcement actions: it's personal! Over the years, an increasing number of jurisdictions have decided to follow the U.S. example by making it possible to go not only after companies but also after individuals who were involved in violating competition rules.
Further guidance on Dutch ATAD implementation and measures against letterbox companies Further to the policy plans published by the Dutch government in October 2017, the Dutch State Secretary of Finance published on February 23, 2018 a Letter (the "Letter") containing further details on certain aspects of the Dutch government's two way appr
ECJ ruling on Dutch CIT Fiscal Unity prompts legislative action In this Tax Alert we will address the anxiously awaited ruling of the European Court of Justice ("ECJ") on the joined cases C-398/16 and C-399/16. This judgement deals with the question whether EU law obliges the Netherlands to let taxpayers cherry pick b
General Court leaves door ajar for pharma companies in the Servier-case On 12 December 2018, the General Court partly annulled the Commission's decision to fine drug manufacturer and originator company Servier and five generic companies in a reverse payment patent settlement case.
Walking the tightrope between data protection and EU investigations Two recent publications confirm that it is possible for companies to cooperate with a European Commission investigation and still comply with the data protection rules.
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.
Results of ISDA consultation on benchmark fallbacks now available Results of ISDA consultation on benchmark fallbacks now available. As part of an initiative to amend its standard derivatives documentation to facilitate the replacement of existing interbank offered rates (IBORs) by new risk free rates (RFRs), the Intern
Rotterdam District Court quashes cartel fines imposed by the ACM on cold storage operators On 12 April 2018, the District Court of Rotterdam quashed four fines imposed by the Dutch Authority for Consumers and Markets (ACM) on cold storage operators and their respective directors for violating the cartel prohibition.