85 results Guidelines vs Guidance: exclusionary abuse Guidelines due by 2025 The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance. Data Privacy Day 2023: highlighting the most impactful ECJ judgments from the past year In recent years, the ECJ has issued landmark judgments with far-yielding consequences for data controllers and data processors. To celebrate Data Privacy Day 2023, we highlighted the most impactful judgments of the ECJ from the past year. Abuse: an access request you can’t refuse? The European Court of Justice has confirmed that the essential facilities test is limited to ‘pure’ access cases. Infringement of a regulatory access obligation must be assessed under the general framework for abuse of dominance. The ACM’s priorities in 2023: the energy transition, digitalisation, and sustainability On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions. The future of nuclear power in the Netherlands (part 2): Borssele preferred site for two new nuclear power plants On 9 December 2022, Minister Jetten for Climate and Energy presented to the Second Chamber of the House of Representatives his further elaboration of the coalition agreement's intentions on nuclear energy. Meer of minder consumentenrechten voor een duurzamere wereld? Ter gelegenheid van World Consumer Rights Day op 15 maart bespreken onze experten in het consumentenrecht welke wettelijke maatregelen genomen kunnen worden om de negatieve impact op het klimaat te verminderen. Competition law developments in 2022 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. Levelling the playing field in 2023: new tools and hurdles 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. Foreign investment developments in 2022 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. The EU Artificial Intelligence Act: our 16 key takeaways The AI Act is the first comprehensive AI regulation in the world. In this first episode of our Artificial Intelligence series, we have set out our initial key takeaways on the AI Act based on the text as currently approved by the Council of the EU. Commission steers market definition to the 21st century 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. Preventing environmental damage through sustainable cooperation 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. European capital markets: multiple-vote share structures The European Commission put forth a proposal for a directive on multiple-vote share structures. In this blog, we discuss the use of multiple-vote share structures in the EU and the Netherlands and provide insights into the proposed directive. The Foreign Subsidies Regulation’s initial focus on China Although the text of the Foreign Subsidies Regulation is not aimed at specific countries, the European Commission’s initial enforcement actions appear to be targeting Chinese subsidies. The honeymoon phase of the Foreign Subsidies Regulation is over! Paperwork, paperwork, paperwork. The industry voices have been clear about the Foreign Subsidies Regulation. But what is the authority’s view? We provide an update on recent developments, including the European Commission’s first policy brief. European Court of Justice plays hardball in Sports rulings The rulings by the European Court of Justice (ECJ) on the discretionary powers of international sports associations to authorise alternative competitions show that the specifics of sports are no reason to tread lightly when applying EU competition rules. Competition law in 2024: putting theory into practice 2023 marked the near finale of the European Commission’s overhaul of its competition policy, leaving only a few loose ends to tie up in 2024/2025. It is now time to watch theory be put into practice by the competition authorities and at the courts. From Farm to Fairness: Unpacking the Dutch Unfair Trading Practices Act for the Agri-Food Supply Chain Since 2021, Dutch rules against unfair trading practices, which implemented an EU Directive, apply to business-to-business relationships in agri-food supply chains. Enforcement by the ACM, initially slow, is now intensifying. 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Guidelines vs Guidance: exclusionary abuse Guidelines due by 2025 The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance.
Data Privacy Day 2023: highlighting the most impactful ECJ judgments from the past year In recent years, the ECJ has issued landmark judgments with far-yielding consequences for data controllers and data processors. To celebrate Data Privacy Day 2023, we highlighted the most impactful judgments of the ECJ from the past year.
Abuse: an access request you can’t refuse? The European Court of Justice has confirmed that the essential facilities test is limited to ‘pure’ access cases. Infringement of a regulatory access obligation must be assessed under the general framework for abuse of dominance.
The ACM’s priorities in 2023: the energy transition, digitalisation, and sustainability On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions.
The future of nuclear power in the Netherlands (part 2): Borssele preferred site for two new nuclear power plants On 9 December 2022, Minister Jetten for Climate and Energy presented to the Second Chamber of the House of Representatives his further elaboration of the coalition agreement's intentions on nuclear energy.
Meer of minder consumentenrechten voor een duurzamere wereld? Ter gelegenheid van World Consumer Rights Day op 15 maart bespreken onze experten in het consumentenrecht welke wettelijke maatregelen genomen kunnen worden om de negatieve impact op het klimaat te verminderen.
Competition law developments in 2022 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.
Levelling the playing field in 2023: new tools and hurdles 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.
Foreign investment developments in 2022 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.
The EU Artificial Intelligence Act: our 16 key takeaways The AI Act is the first comprehensive AI regulation in the world. In this first episode of our Artificial Intelligence series, we have set out our initial key takeaways on the AI Act based on the text as currently approved by the Council of the EU.
Commission steers market definition to the 21st century 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.
Preventing environmental damage through sustainable cooperation 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.
European capital markets: multiple-vote share structures The European Commission put forth a proposal for a directive on multiple-vote share structures. In this blog, we discuss the use of multiple-vote share structures in the EU and the Netherlands and provide insights into the proposed directive.
The Foreign Subsidies Regulation’s initial focus on China Although the text of the Foreign Subsidies Regulation is not aimed at specific countries, the European Commission’s initial enforcement actions appear to be targeting Chinese subsidies.
The honeymoon phase of the Foreign Subsidies Regulation is over! Paperwork, paperwork, paperwork. The industry voices have been clear about the Foreign Subsidies Regulation. But what is the authority’s view? We provide an update on recent developments, including the European Commission’s first policy brief.
European Court of Justice plays hardball in Sports rulings The rulings by the European Court of Justice (ECJ) on the discretionary powers of international sports associations to authorise alternative competitions show that the specifics of sports are no reason to tread lightly when applying EU competition rules.
Competition law in 2024: putting theory into practice 2023 marked the near finale of the European Commission’s overhaul of its competition policy, leaving only a few loose ends to tie up in 2024/2025. It is now time to watch theory be put into practice by the competition authorities and at the courts.
From Farm to Fairness: Unpacking the Dutch Unfair Trading Practices Act for the Agri-Food Supply Chain Since 2021, Dutch rules against unfair trading practices, which implemented an EU Directive, apply to business-to-business relationships in agri-food supply chains. Enforcement by the ACM, initially slow, is now intensifying.