478 results 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. 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. 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. Stibbe advises HKS Metals Stibbe advised HKS Metals on the acquisition of Van Dalen Recycling. HKS Metals is the largest metal recycling company in the Netherlands and part of TSR/Remondis. Stibbe advises Smurfit Kappa Stibbe is advising Smurfit Kappa on the acquisition of Reparenco for approximately €460 million. Stibbe represents Heineken Stibbe acts as defence counsel for Heineken and its subsidiary Athenian Brewery in an action for damages brought by Vergina, a competitor on the Greek market, before the Amsterdam District Court. 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. District Court of Amsterdam rules on requests for pre-procedural hearings On 29 March 2018, the District Court of Amsterdam ruled on requests for pre-procedural hearings in relation to the alleged infringements in the two separate cases of Trucks and CRT. European Commission imposes record fine on Altice for premature implementation of PT Portugal acquisition On 24 April 2018, the European Commission announced that it had imposed a fine of EUR 124.5 million on Altice for acquiring control of PT Portugal before clearance by the Commission ('gun-jumping'). Germany did not err in extraditing an Italian citizen to the US for a competition law infringement On 10 April 2018, the European Court of Justice ruled that Germany did not breach EU law by extraditing an Italian citizen to the United States for a competition law infringement. Pagination Previous page Page 21 Current page 22 Page 23 Page 24 Next page
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.
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.
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.
Stibbe advises HKS Metals Stibbe advised HKS Metals on the acquisition of Van Dalen Recycling. HKS Metals is the largest metal recycling company in the Netherlands and part of TSR/Remondis.
Stibbe advises Smurfit Kappa Stibbe is advising Smurfit Kappa on the acquisition of Reparenco for approximately €460 million.
Stibbe represents Heineken Stibbe acts as defence counsel for Heineken and its subsidiary Athenian Brewery in an action for damages brought by Vergina, a competitor on the Greek market, before the Amsterdam District Court.
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.
District Court of Amsterdam rules on requests for pre-procedural hearings On 29 March 2018, the District Court of Amsterdam ruled on requests for pre-procedural hearings in relation to the alleged infringements in the two separate cases of Trucks and CRT.
European Commission imposes record fine on Altice for premature implementation of PT Portugal acquisition On 24 April 2018, the European Commission announced that it had imposed a fine of EUR 124.5 million on Altice for acquiring control of PT Portugal before clearance by the Commission ('gun-jumping').
Germany did not err in extraditing an Italian citizen to the US for a competition law infringement On 10 April 2018, the European Court of Justice ruled that Germany did not breach EU law by extraditing an Italian citizen to the United States for a competition law infringement.