Competition law and M&A: counting your chickens and jumping the gun

A question that frequently presents itself in M&A transactions is what rights the buyer may exercise in the phase between the signing of the Share Purchase Agreement ("SPA") and the closing of the transaction. The buyer will usually want to exercise certain veto rights as soon as possible in order to (i) safeguard the value of its acquisition and/or (ii) prepare the implementation of the transaction. View blog >

Beware when exchanging information: latest developments & tips

The European Commission and ACM are showing an increaslingly interest in the exchange of information between companies. Such exchange of information may conflict with the cartel prohibition and may accordingly lead to high (personal) penalties. This blog addresses the most recent developments and main tips. View blog >

Developments in competition law: 2015 summer trends

The days are getting shorter and the traffic jams longer – the summer is reaching its end. A good time to look back on a number of important developments in competition law this summer and to look ahead to the coming autumn and new year. View blog >

Court rejects passing-on defence and itself assesses cartel damage

In a noteworthy judgment of 10 June 2015, the Court of Gelderland ordered Alstom to pay TenneT EUR 14.1 million in damages on the grounds of the role it had played in the gas-insulated switchgear cartel. Interesting aspects of the judgment are the rejection of the passing-on defence and the manner in which the damage was assessed by the civil court. View blog >

Follow-on cartel damages claims: the Netherlands still a popular jurisdiction

For quite some time, the Netherlands has been considered one of the most popular jurisdictions in Europe for bringing (follow-on) cartel damage claims. This blog will outline these recent developments. View blog >

What is to be expected of supervision of e-commerce by ACM and the European Commission?

Vertical agreements and e-commerce in particular have recently been the focus of attention in the Netherlands and abroad. The Netherlands Authority for Consumers and Markets (“ACM”) published its position on vertical agreements on 20 April 2015. Shortly before that time the European Commission had announced its intention to commence a sector inquiry into e commerce. These developments may have major consequences for producers and distributors. What will the effects be on their (Internet) distribution agreements? View blog >

Judgments in the Degussa and Akzo cases: erosion of the European leniency programme?

The appeals filed by Degussa and Akzo against the (proposed) publication of an amended public version of a fine order of the European Commission were recently disallowed by the General Court. This new order was to state the entire content of the order, including information provided with regard to the leniency application. It remains to be seen what implications these judgments will have on the tension between transparency on the one hand and an effective leniency programme on the other hand. View blog >

Spring trends for 2023
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