Naming and shaming by trade associations – is it permitted?

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 >

Cartels are sometimes permitted when sanctions are imposed

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 >

New rules for ACM as from 1 August 2014

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 >

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 >

Autumn trends for 2023
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