207 results Find my address… if you can: Constantin Film Verleih v. Youtube and Google On 9 July 2020, the CJEU clarified the scope of the right of information in the context of IP rights infringement proceedings. Navigating Legal Barriers to Mortgaging Energy Installations at Sea – the Case of the North Sea and the Netherlands The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. ACM study calls for regulation of Big Techs on payment market The ACM’s market study, published on 1 December 2020, provides an overview of recent and upcoming developments concerning the role of Big Tech companies in both online and offline payment markets in the Netherlands. Gatecrashing gatekeepers? The EU’s digital reform is out Christmas is a time for contemplation, and the proposals of the long-awaited Digital Markets Act and Digital Services Act may give gatekeepers and other online intermediaries even more reason to be pensive this year. 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. De overheid betaalt een opgelegde dwangsom niet. Wat nu? De overheid houdt zich doorgaans aan haar verplichtingen uit rechterlijke uitspraken. Maar het komt voor dat de overheid dat om wat voor reden dan ook toch niet doet. Game over? Gaming companies fined for geo-blocking The Commission’s cross-border sales crusade seems far from over. The EUR 7.8 million fine imposed on distribution platform owner Valve and five PC video games publishers for geo-blocking practices is the most recent notch in the Commission’s belt. Update on Climate Change Litigation One year after the Dutch Supreme Court upheld the Urgenda decision, climate change litigation is still trending. We discuss four developments in the climate change litigation landscape that build on the principles laid down in the Urgenda case law. 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. ECJ in Pometon: beware of too much info in staggered hybrid proceedings In hybrid cartel proceedings (in which one party opts out of settlement), settlement decisions should not pre-judge the outcome of the Commission's investigation into non-settling parties. Court bundles educational publishers merger off to ACM for reassessment Digital mergers have steered competition authorities away from their usual mantra of structural over behavioural remedies. The Rotterdam District Court recently gave its blessing to the ACM’s remedies for securing access to a digital school platform. Financial Regulatory – Update Q1 2021 Traditionally, 1 January (and 1 July) each year is a date on which new Dutch financial regulations enter into force. This year, the amendments to the Dutch Financial Supervision Act are relatively few, but other developments are worthy of attention. Dutch fintech Action Plan - stimulating growth in the Dutch fintech sector On 3 July 2020, the Dutch Minister of Finance and the Secretary of State for Economic Affairs published an action plan to support the Dutch Fintech sector. Dutch State breached duty of care in providing information to victims and surviving relatives of plane crash Earlier this year, the District Court in The Hague ruled that the Dutch State is liable vis-à-vis the victims and surviving relatives of a 1992 plane crash in Faro, Portugal. COVID-19 update and Guidelines published on the Dutch implementation of DAC6 The EU Mandatory Disclosure Directive (“DAC6”), introducing a reporting requirement for intermediaries and/or taxpayers of certain cross-border arrangements that are perceived to be aggressive, is effective as of 1 July in the Netherlands. By his letter o European Commission to pull the strings of foreign subsidies The European Commission is adding powers to its toolbox to ensure a level playing field between European and foreign(-backed) companies active on the EU market. Rent reduction based on Dutch government coronavirus measures: possible or not? The economic consequences of the 'intelligent lockdown' for the commercial rental sector are slowly becoming visible. Examples of these consequences include a considerable drop in demand, forced closings, and government-imposed operating limitations. No proof of competitive disadvantage? No abusive favouritism Companies claiming abuse of dominance in civil proceedings have their work cut out for them, as demonstrated by a ruling of the Amsterdam Court of Appeal. Real estate association VBO had accused dominant online platform Funda of favouritism. However, in l Pagination Previous page Page 4 Current page 5 Page 6 Page 7 Next page
Find my address… if you can: Constantin Film Verleih v. Youtube and Google On 9 July 2020, the CJEU clarified the scope of the right of information in the context of IP rights infringement proceedings.
Navigating Legal Barriers to Mortgaging Energy Installations at Sea – the Case of the North Sea and the Netherlands The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds.
ACM study calls for regulation of Big Techs on payment market The ACM’s market study, published on 1 December 2020, provides an overview of recent and upcoming developments concerning the role of Big Tech companies in both online and offline payment markets in the Netherlands.
Gatecrashing gatekeepers? The EU’s digital reform is out Christmas is a time for contemplation, and the proposals of the long-awaited Digital Markets Act and Digital Services Act may give gatekeepers and other online intermediaries even more reason to be pensive this year.
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.
De overheid betaalt een opgelegde dwangsom niet. Wat nu? De overheid houdt zich doorgaans aan haar verplichtingen uit rechterlijke uitspraken. Maar het komt voor dat de overheid dat om wat voor reden dan ook toch niet doet.
Game over? Gaming companies fined for geo-blocking The Commission’s cross-border sales crusade seems far from over. The EUR 7.8 million fine imposed on distribution platform owner Valve and five PC video games publishers for geo-blocking practices is the most recent notch in the Commission’s belt.
Update on Climate Change Litigation One year after the Dutch Supreme Court upheld the Urgenda decision, climate change litigation is still trending. We discuss four developments in the climate change litigation landscape that build on the principles laid down in the Urgenda case law.
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.
ECJ in Pometon: beware of too much info in staggered hybrid proceedings In hybrid cartel proceedings (in which one party opts out of settlement), settlement decisions should not pre-judge the outcome of the Commission's investigation into non-settling parties.
Court bundles educational publishers merger off to ACM for reassessment Digital mergers have steered competition authorities away from their usual mantra of structural over behavioural remedies. The Rotterdam District Court recently gave its blessing to the ACM’s remedies for securing access to a digital school platform.
Financial Regulatory – Update Q1 2021 Traditionally, 1 January (and 1 July) each year is a date on which new Dutch financial regulations enter into force. This year, the amendments to the Dutch Financial Supervision Act are relatively few, but other developments are worthy of attention.
Dutch fintech Action Plan - stimulating growth in the Dutch fintech sector On 3 July 2020, the Dutch Minister of Finance and the Secretary of State for Economic Affairs published an action plan to support the Dutch Fintech sector.
Dutch State breached duty of care in providing information to victims and surviving relatives of plane crash Earlier this year, the District Court in The Hague ruled that the Dutch State is liable vis-à-vis the victims and surviving relatives of a 1992 plane crash in Faro, Portugal.
COVID-19 update and Guidelines published on the Dutch implementation of DAC6 The EU Mandatory Disclosure Directive (“DAC6”), introducing a reporting requirement for intermediaries and/or taxpayers of certain cross-border arrangements that are perceived to be aggressive, is effective as of 1 July in the Netherlands. By his letter o
European Commission to pull the strings of foreign subsidies The European Commission is adding powers to its toolbox to ensure a level playing field between European and foreign(-backed) companies active on the EU market.
Rent reduction based on Dutch government coronavirus measures: possible or not? The economic consequences of the 'intelligent lockdown' for the commercial rental sector are slowly becoming visible. Examples of these consequences include a considerable drop in demand, forced closings, and government-imposed operating limitations.
No proof of competitive disadvantage? No abusive favouritism Companies claiming abuse of dominance in civil proceedings have their work cut out for them, as demonstrated by a ruling of the Amsterdam Court of Appeal. Real estate association VBO had accused dominant online platform Funda of favouritism. However, in l