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More hurdles to cross: Foreign Direct Investment gaining momentum

Cross-border acquisitions and mergers may soon have an extra hurdle to cross before receiving the green light. In the EU, the development of FDI screening mechanisms has gained speed after COVID-19.

Stibbe in Amsterdam answers questions from consumers, small business foundations and NGOs about the coronavirus [updated]

In a special Q&A, lawyers from our Amsterdam office share their legal expertise and strive to provide answers to questions put to us by consumers, self-employed persons, enterprises large and small, foundations and NGOs as a result of the corona crisis.

Spreading fast: Dutch and Belgian COVID-19 State-aid approved

Many Member States are taking measures to support the economy during the COVID-19 crisis. The European Commission’s Temporary Framework enables the rapid approval of certain types of State aid.

COVID-19: fast-forwarding competition law

Competition authorities are temporarily ‘green-lighting’ certain collaboration initiatives to safeguard the supply of essential products in light of the COVID-19 outbreak.

ECJ confirms: no shortcut for ‘by object’ antitrust infringements

The European Court of Justice has found there is no shortcut for determining whether particular conduct can be held to have the object to restrict competition.

ACM played high stakes and lost: no more fixed network access regulation

The ACM’s failure to meet the requisite standard of proof has led to the fixed networks of Dutch telecom providers KPN and VodafoneZiggo being free from access regulation.

EU competition policy agenda: full to the brim

The European Commission’s competition policy agenda stretches to 2024 and contains plans for many new or revised rules and guidelines.

Christof Swaak

Of Counsel Amsterdam

Directors' liability due to competition law infringements by the company

The District Court Noord-Nederland recently allowed the trustees in bankruptcy of Northsea shrimp trading company Heiploeg to recover part of a EUR 27 million cartel fine from a former director.

What to expect when you are expecting: broader investment screening in the Netherlands

On 8 September 2020, a draft bill setting up an ex-ante and ex-post screening mechanism for investments in companies active in vital processes or sensitive technology in the Netherlands was published for consultation.

If you can’t stand the heat: kitchen retailers fined for misleading consumers

There is a new enforcement trend in the Netherlands; consumer protection is shifting from private enforcement before the civil courts, to public enforcement through the Dutch Authority for Consumers and Markets (ACM).

Cigarettes producers fined for alleged indirect info exchange

Enforcement of competition rules in relation to indirect information exchange seems to be catching on; while the European Commission only flagged the risks in its consumer electronics cases, the ACM has taken up the challenge and imposed fines.

Waiting for the EC: third-party platform bans and RPM still on radar

The results of the European Commission’s evaluation of the Vertical Block Exemption Regulation (VBER) call for more clarity and convergence in the interpretation of certain (online) vertical restrictions.

EU merger control: Dutch clause to catch future killer acquisitions

Competition Commissioner Vestager presented a sneak peak of her plans for the future of EU merger control on the 30th anniversary of the EU Merger Regulation.

The next 5 years: European Commission launches New Consumer Agenda

Despite the ongoing COVID-19 pandemic, the European Commission is already looking ahead to set its consumer protection priorities for the next five years.

On the right track? GC sends mixed messages with Lithuanian Railways

The essential facilities doctrine imposes on holders of indispensable facilities a duty to deal with their competitors.

Innovatie en staatssteun. Het CBb leidt de weg bij de belangrijke definities industrieel onderzoek en experimentele ontwikkeling

Het College van Beroep voor het bedrijfsleven (“CBb”) heeft op 6 oktober 2020 in een subsidiegeschil nadere invulling gegeven aan het onderscheid tussen “industrieel onderzoek” en “experimentele ontwikkeling”.

Jurisdictional hide & seek: merger thresholds and buyer joint ventures

Companies beware: the turnover of a joint venture buying a target is not necessarily decisive for determining whether the EU merger thresholds are met.

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