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The European Commission is on a roll in its fight against territorial sales restrictions.

On 19 February 2020, the European Commission revealed the first pillars of its strategic and policy objectives in the digital space over the next five years.

Companies beware: the European Court of Justice has confirmed the Commission’s practice of imposing two separate fines for gun jumping.

The ACM will include the effects of mergers on labour conditions in its review. It will also investigate excessive pricing of prescription drugs.

In a private enforcement case brought by CDC against Kemira, the Amsterdam Court of Appeal applies the European principle of effectiveness and rules that claims are not time-barred under Spanish, Finnish and Swedish law.

On 28 January 2020, the Court of Appeal of Den Bosch issued a ruling in the Dutch prestressing steel litigation.

Companies should keep a careful record of which documents the Belgian Competition Authorities seize during a dawn raid.

Companies beware: the ACM may not need to specify the scope of its investigation into suspected cartel infringements in as much detail as expected.

In its first pay-for-delay case, the ECJ has clarified the criteria determining whether settlement agreements between a patent holder of a pharmaceutical product and a generic manufacturer may have as their object or effect to restrict EU competition law.

As part of the New Deal for Consumers, aimed to strengthen EU consumer protection in light of the digital era, a new Directive 2019/2161 of 27 November 2019 has been adopted.

Aanbieders van online-diensten en applicaties kunnen niet altijd rekenen op bescherming van hun marktpositie op basis van de staatssteun- en mededingingsregels. Dit blijkt uit een onlangs gewezen uitspraak van de hoogste Unierechter.

Big tech firms, whether entering or already active on payments markets, are under scrutiny. PSD2 has opened up the payments markets to non-bank companies, but this comes with both risks and opportunities.

Buying groups are under attack from competition authorities across Europe.

Benelux competition authorities have published a joint memorandum on how best to keep up with challenges in fast-moving digital markets.

The European Court of Justice recently ruled that the European Commission does not have to take additional precautionary measures to respect the right of legal professional privilege when conducting a new dawn raid at the same company.

Companies beware: the ACM’s and European Commission’s approach to access to the file are not aligned. According to an interim relief judge, the ACM cannot be forced to grant a company access to a broader set of documents in competition procedures.

Companies should be aware that the Dutch competition authority (ACM) will not only examine electronic records and emails, but can also check WhatsApp messages during dawn raids.