92 results 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. Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure. Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance. Game on for gatekeepers: Digital Markets Act finalised Now that political agreement has been reached on the final text, the Digital Markets Act (DMA) will enter into force soon. The DMA’s ex ante rules and obligations will apply next to the ad hoc EU and national competition rules. ACM jumps on gun-jumping bandwagon Companies involved in multi-step acquisitions should beware of potential gun-jumping risks. The ACM has fined a trade association for failing to notify the acquisition of four pharmacies involving a consecutive partial resale. 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 2022: the big reveal of 2021’s competition law promises 2021 was riddled with sneak previews of a “review of competition policy tools with unprecedented scope and ambition”. Sharing is caring? Commission can take over NCA probe The EU case cooperation mechanism does not create any rights for companies to have their case dealt with by a particular competition authority. Companies should therefore factor the dynamics of this cooperation mechanism into their defence strategies. ACM issues first excessive pricing fine in pharma On 1 July 2021, the Dutch Authority for Consumers and Markets (ACM) imposed a fine of EUR 19.5 million on drug manufacturer Leadiant for excessive pricing of their orphan drug CDCA-Leadiant. Prove it or lose it: court sets aside ACM fines in two separate cases The Rotterdam District Court recently confirmed the high bar which has been set for the ACM when proving its case: the court annulled the fines imposed by the ACM in two different cases and, significantly, each for the same reason. No parking! Canon fined EUR 28 million for warehousing transaction structure The European Commission has landed a third strike against gun-jumping, the prohibition to implement a transaction before notification to and clearance by the Commission. The ACM has to pay: moral damages awarded to real estate traders The Dutch Authority for Consumers and Markets (ACM) needs to cough up a total of EUR 120,000 in moral damages to three real estate traders. Successful challenges to merger decisions seem to be the exception The General Court recently confirmed the high degree of discretion enjoyed by the European Commission in the context of merger control decisions, particularly with respect to assessments of an economic nature. Low prices, high fines: Commission's creative purchase cartel fine upheld Companies should take note that the European Commission will deviate from its own general fining methodology if a particular case calls for it. The General Court recently upheld the Commission's novel fining approach in regard of a purchase cartel. ACM launches probe into Apple's App Store The Dutch Authority for Consumers and Markets (ACM) has announced that it is opening an investigation into whether Apple abuses the position it has attained with its App Store. The investigation will initially focus on news apps. Double-check your merger info - or face significant fines for inaccuracies Failing to submit complete and accurate information to the European Commission during a merger investigation can have costly consequences. Qualcomm loses General Court battle over request for information The General Court (GC) recently rejected Qualcomm's appeal against a Commission decision requesting information. The Commission's request was presented to the company after the issuance of a statement of objections. Pagination Previous page Page 2 Current page 3 Page 4 Page 5 Next page
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.
Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure.
Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance.
Game on for gatekeepers: Digital Markets Act finalised Now that political agreement has been reached on the final text, the Digital Markets Act (DMA) will enter into force soon. The DMA’s ex ante rules and obligations will apply next to the ad hoc EU and national competition rules.
ACM jumps on gun-jumping bandwagon Companies involved in multi-step acquisitions should beware of potential gun-jumping risks. The ACM has fined a trade association for failing to notify the acquisition of four pharmacies involving a consecutive partial resale.
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
2022: the big reveal of 2021’s competition law promises 2021 was riddled with sneak previews of a “review of competition policy tools with unprecedented scope and ambition”.
Sharing is caring? Commission can take over NCA probe The EU case cooperation mechanism does not create any rights for companies to have their case dealt with by a particular competition authority. Companies should therefore factor the dynamics of this cooperation mechanism into their defence strategies.
ACM issues first excessive pricing fine in pharma On 1 July 2021, the Dutch Authority for Consumers and Markets (ACM) imposed a fine of EUR 19.5 million on drug manufacturer Leadiant for excessive pricing of their orphan drug CDCA-Leadiant.
Prove it or lose it: court sets aside ACM fines in two separate cases The Rotterdam District Court recently confirmed the high bar which has been set for the ACM when proving its case: the court annulled the fines imposed by the ACM in two different cases and, significantly, each for the same reason.
No parking! Canon fined EUR 28 million for warehousing transaction structure The European Commission has landed a third strike against gun-jumping, the prohibition to implement a transaction before notification to and clearance by the Commission.
The ACM has to pay: moral damages awarded to real estate traders The Dutch Authority for Consumers and Markets (ACM) needs to cough up a total of EUR 120,000 in moral damages to three real estate traders.
Successful challenges to merger decisions seem to be the exception The General Court recently confirmed the high degree of discretion enjoyed by the European Commission in the context of merger control decisions, particularly with respect to assessments of an economic nature.
Low prices, high fines: Commission's creative purchase cartel fine upheld Companies should take note that the European Commission will deviate from its own general fining methodology if a particular case calls for it. The General Court recently upheld the Commission's novel fining approach in regard of a purchase cartel.
ACM launches probe into Apple's App Store The Dutch Authority for Consumers and Markets (ACM) has announced that it is opening an investigation into whether Apple abuses the position it has attained with its App Store. The investigation will initially focus on news apps.
Double-check your merger info - or face significant fines for inaccuracies Failing to submit complete and accurate information to the European Commission during a merger investigation can have costly consequences.
Qualcomm loses General Court battle over request for information The General Court (GC) recently rejected Qualcomm's appeal against a Commission decision requesting information. The Commission's request was presented to the company after the issuance of a statement of objections.