Blogs

The Court of Justice recently made it clear that an infringement of the cartel prohibition is a fact if it is apparent that an agreement between undertakings sufficiently distorts competition. It remains to be seen whether the judgment will have major consequences in practice.  Read more >

The Dutch telecommunications sector is on the eve of the fourth regulatory period. The Netherlands Authority for Consumers and Markets (“ACM”) will be making a number of market analysis decisions (“MA Decisions”) again soon. Those decisions will largely set the playing field in the telecom sector in the next three years. Read more >

KPN expects that there will ultimately be room on the Dutch market for two combined fixed/mobile network operators (in any event including KPN itself) and one additional Mobile Only player. A significant consolidation effort will have to be made to achieve that. Read more >

Trade associations sometimes use blacklists to warn their members or consumers about dishonest suppliers or competing companies. Such blacklists can have a major negative impact on the companies affected. But do the competition authorities allow such blacklists? Read more >

The momentum for financial support for undertakings affected by Russia’s sanction policy is mounting. It would appear unreasonable to pass on the consequences of the Russian boycott on trade to a limited number of undertakings that have been affected (by coincidence, so to speak) by the boycott. Subject to strict conditions, temporary crisis cartels can therefore offer a way out of the current situation. Read more >

With the entry into force of the Streamlining Act on 1 August 2014, most powers of the Authority Consumer & Market ("ACM") are harmonised. This blog will address several changes made by the Streamlining Act. Read more >

Fines for abuse of a dominant position, such as in the case against Intel, are relatively exceptional. When competition authorities deal with abuse of dominant position cases, these increasingly result in commitment decisions. These are decisions in which the competition authority formally records a commitment by the undertaking in a decision but does not impose a fine. Read more >