Is the ACM finally going to tackle abuse of a dominant position?

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 >

Best price guarantees might be banned on booking sites

According to investigations by various competition authorities, a best price guarantee offered by a booking site can inhibit competition and might be banned for that very reason. Competition is inhibited when the best price guarantee is offered by a booking site with a strong position on the market. Read more >

State aid after 1 July 2014: more rules and less bureaucracy?

The European Commission last week launched a detailed investigation into tax benefits allegedly received by Starbucks in the Netherlands. This case illustrates the potentially serious consequences of granting state aid to private companies. Read more >

Non-compete and the cartel prohibition: high evidentiary standards apply

Competition law often permits the use of non-compete clauses in agreements between undertakings. It is apparent from Dutch case law, that a thorough market analysis is required to successfully invoke the nullity of such a clause. Read more >

The Netherlands: an attractive jurisdiction for follow-on cartel damage claims

For several years the Netherlands has been amongst the most attractive jurisdictions in the European Union for follow-on proceedings in the field of competition law (cartel damage claims). Read more >

Supreme Court: competition law restricts range of services provided by trade associations

Trade associations are finding it increasing difficult to convince their (prospective) members of the added value of membership of their association. Read more >

Supervisory authorities investigating public announcements by companies

The European Commission has instituted an investigation into possible cartel practices of various shipping companies involved in container liner shipping. Read more >

Autumn trends for 2023
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