Searching Content indexed under Trials & Appeals & Compensation by Jaap de Keijzer ordered by Published Date Descending.
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UPS/TNT Block Annulled: Need For Speed Does Not Trump Right Of Defence
The General Court recently annulled the European Commission's decision to block UPS's intended acquisition of TNT Express
European Union
20 Apr 2017
The Leniency Dilemma Revisited
Leniency applicant Evonik recently managed to successfully block the publication of a more detailed version of an earlier cartel decision. Time will tell whether this success is a Pyrrhic victory.
European Union
20 Apr 2017
AG: General Court Should Resit Exclusivity Rebates Test
If it were up to Advocate General Wahl, the General Court would need to reassess its qualification of exclusivity rebates granted by computer chips producer Intel as per se unlawful.
17 Nov 2016
Court Hears Cartel Damages Claim Despite Arbitration Clause
An arbitration clause did not prevent the Rotterdam District Court from considering itself competent to review a damages claim initiated by a litigation vehicle against a number of lift manufacturers...
20 Jul 2016
A Subsidiary's Disobedience No Reason To Let Parent Company Off The Hook
According to settled case law, there is a rebuttable presumption that a parent company exercises decisive influence over its wholly-owned subsidiary and can be held responsible for the subsidiary's cartel conduct.
European Union
19 Jul 2016
Information Requests In Competition Investigations: No Fishing Please
A recent ruling by the European Court of Justice clarifies that companies should put more thought into answering requests for information by the European Commission.
European Union
18 Apr 2016
Dutch Court Overturns Decision To Block Bakery Merger
The highest administrative appeal court in the Netherlands recently annulled the decision by the Dutch regulator ACM to prohibit the transaction between two rival industrial bakeries due to a high combined market share in the Dutch rusk market.
15 Mar 2016
You've Got Mail: Message May Be Proof Of Participation In A Concerted Practice
Not paying attention to incoming emails may have inadvertent consequences.
European Union
19 Feb 2016
Transcripts Of Oral Leniency Statements Should Be Disclosed
Oral leniency statements do not enjoy the intended protection against disclosure.
15 Jan 2016
European Commission Back To The Drawing Board After Air Freight Fright
The General Court agreed with the air carriers on there being a contradiction between the grounds and the operative part of the contested decision.
European Union
14 Jan 2016
Cartel Facilitators No Better Than Participants
Participating in a cartel as well as contributing to the implementation of a cartel can lead to substantial fines.
European Union
18 Nov 2015
Dominance And Rebates: Beware
The European Court of Justice recently confirmed that dominant companies need to be careful about granting rebates.
European Union
18 Nov 2015
"Stretched"Calculation Method May Produce Higher Fine For Vertically-Integrated Companies
Vertically-integrated companies may face higher fines as a result of a recent ruling by the European Court of Justice.
European Union
15 Sep 2015
Big Brother Is Listening: Regulator ACM May Use Other Agencies' Telephone Taps As Evidence
The Dutch Trade and Industry Appeals Tribunal clarified recently that the competition regulator ACM can use evidence obtained through telephone taps installed by other agencies for its own competition law investigations.
15 Sep 2015
Supreme Court: Unbundling Act Not Against EU Law – Protection Of Property Appeal Referred
The Dutch Supreme Court gave its long-awaited ruling about the legality of the Independent Grid Management Act, better known as the Unbundling Act, on 26 June 2015.
20 Jul 2015
Dutch Court Rejects Passing-On Defence: Full Amount Of Damages Claimed Should Be Paid
A district court in the Netherlands recently ruled that Alstom should pay EUR 14.1 million – the full amount of cartel damages claimed – to TenneT, the Dutch electricity grid operator.
13 Jul 2015
Hoge Raad Over Splitsingswet: Geen Schending Unierecht, Onderzoek Nodig Naar Eigendomsrecht
Vandaag heeft de Hoge Raad (HR) zijn langverwachte uitspraak gedaan over de toelaatbaarheid van de Wet onafhankelijk netbeheer (Won), beter bekend als de 'Splitsingswet'.
3 Jul 2015
Do The Maths: Cartel Fine Calculations For Joint Ventures And Foreign Sales
Companies are well-advised to keep track of the methods used by a competition authority to determine their cartel fine.
European Union
12 Jun 2015
Dutch Court Considers Providing A Redacted EU Cartel Decision Not To Be Part Of Its Job
The Amsterdam District Court recently ruled that the European Commission is best equipped to provide a redacted version of its air cargo cartel decision.
European Union
13 May 2015
Energy Law In Brief – New Case Law, Regulation And Articles – March 2015
Energy law in brief lists recent developments in Dutch and European. energy law (in Dutch only).
20 Apr 2015
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