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In 2022, the ACM and the European Commission put the spotlight on the accuracy of companies’ sustainability claims. Notably, the ACM published several market studies and adopted commitment decisions concerning allegedly misleading sustainability claims.

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.

2022 marks the second year of the EU Foreign Direct Investment (FDI) Regulation, and the year in which legislators haven been busy shaping the Dutch national security screening regime and the EU Foreign Subsidies Regulation.

By 26 December 2023 at the latest, EU Member States must publish a list of organisations that they have designated as ‘qualified entities’ (bevoegde instanties) for bringing cross-border representative actions within the EU on behalf of consumers.

On 23 October 2023, the Belgian Competition Authority (the BCA) concluded its first hybrid cartel proceedings by imposing a fine of EUR 778.777 on CERP SA (CERP) for participating in anticompetitive practices in the pharmaceutical distribution sector.

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.

The ETS Directive was amended in May 2023. Member States had until 31 January 2023 to implement the provisions of the amended ETS Directive. The Netherlands failed to meet that implementation deadline.

De ETS-Richtlijn is in mei 2023 gewijzigd. Lidstaten hadden tot en met 31 januari 2023 om de bepalingen in de gewijzigde ETS-Richtlijn te implementeren. Nederland heeft die implementatiedeadline niet gehaald.

The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP.

Companies have a new and improved tool for the competitive assessment of their conduct and intended acquisitions. The European Commission has updated its guidance on how to define relevant markets for the purpose of EU competition law enforcement.

The Dutch general investment screening regime came into effect in June 2023. Decisions are not yet publicly available. However, three guidance papers list the practical experience gained so far and help to assess whether a transaction is notifiable.

Mobiliteit is een belangrijke randvoorwaarde voor de grote opgaves van deze tijd: de woningbouw, energietransitie en sociale cohesie. Dit blog beschrijft hoe we de wetgever verzekert dat mobiliteit onderdeel wordt van de besluitvorming in de Ow.

The Belgian Competition Authority imposed a fine of €490,112 on Le Creuset for vertical price fixing (also known as resale price maintenance).

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.

Following the EC’s Horizontal Guidelines, the ACM and CMA have also published updated guidance on sustainability agreements. The approaches adopted by the three authorities are largely similar, but leave room for divergent assessments in some respects.

The Rotterdam District Court has delivered its judgment in the ACM's first-ever vertical restraints case. It upholds the fine imposed on Samsung for coordinating its retailers' online consumer prices under the pretence of 'price recommendations'.