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  • Article

    Recast Of Brussels I Regulation Extends Scope Of Jurisdiction Rules And Facilitates Cross-Border Recognition And Enforcement Of Judgments

    On 6 December 2012, the European Council adopted a recast of Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
    European UnionLitigation, Mediation & Arbitration
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Opens In-Depth Investigation Into Belgian Excess Profit Ruling System

    The European Commission opened an in-depth investigation regarding the compatibility of a Belgian tax provision with EU state aid rules...
    European UnionTax
Van Bael & Bellis
Van Bael & Bellis
  • Article

    Record € 3 Million Fine Imposed For Resale Price Maintenance In Finland

    On 20 December 2011, the Finnish Market Court imposed a fine of € 3 million on Iittala Group Oy Ab, a Finnish design company specialising in houseware goods, for having implemented resale price restrictions infringing Finnish competition law.
    FinlandAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    French Constitutional Council Blocks Entry Into Force Of New Provisions Increasing French Competition Authority's Powers

    First, the new procedure on structural injunctions in the retail sector was found to be in breach of both the right of property and the freedom to pursue commercial activities.
    FranceAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    French Court Upholds Competition Authority’s Global Seizure Of Electronic Mailboxes

    The Versailles Court of Appeal upheld the global seizure by the French Competition Authority of electronic mailboxes during dawn raids.
    FranceAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Nespresso Offers Commitments To The French Competition Authority In Coffee-Capsule Probe

    The French Competition Authority announced that Nespresso has offered commitments to end an investigation into allegedly abusive and exclusive practices.
    FranceAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Paris Tribunal Of Commerce Condemns Orange To Pay € 346 Million In Damages

    On 18 December 2017, the Paris Tribunal of Commerce condemned Orange (formerly known as ‘France Telecom') to pay € 346 million to Digicel (formerly ‘Bouygues Telecom Caraïbe') ...
    FranceAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Cartel Office Prohibits Hospital Merger, Rejecting Failing Firm Defence

    On 5 October 2012, details were published concerning a 5 September 2012 decision by the German Federal Cartel Office prohibiting a proposed merger between two hospitals in Worms.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Court Of Justice Clarifies Conditions For Invoking "Legal Impossibility" As Justification For Refusal To Grant Access To An Essential Facility

    By judgment of 11 December 2012, recently published, the German Federal Court of Justice annulled the judgment of the Higher Regional Court of Düsseldorf of 7 December 2011.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Court Of Justice Rules On The Statute Of Limitations For Follow-Up Damages Claims

    On 12 June 2018, the German Federal Court of Justice delivered a highly anticipated judgment that clarified that the suspension of the limitation period for cartel damages claims also applies to claims that arose ...
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Court Of Justice Upholds Acquittal Of Industrial Property Insurance Corporation From Fine Imposed On Its Predecessor

    In a judgment of 10 August 2011, the text of which has recently become available, the German Federal Court of Justice (the "Court") rejected an appeal on points of law brought by the public prosecutor against a judgment of the Higher Regional Court of Düsseldorf (see VBB on Competition Law, Volume 2010, No. 4, available at www.vbb.com) acquitting an industrial property insurance corporation, HDI-Gerling Industrie Versicherung AG ("HDI-Gerling"), from liability for the participation of its legal
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Labour Court Rejects Damages Claims By ThyssenKrupp Against Its Former Board Member And Managing Director

    The Labour Court of Essen rejected all damages claims against the former Executive Board Member and Managing Director of a ThyssenKrupp subsidiary.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Higher Regional Court Of Düsseldorf Overrules Decision On EDEKA's "Wedding Rebates"

    In 2014, the FCO found that, whilst not being dominant, EDEKA's market position on the procurement market in the food retail sector was strong enough for its suppliers to be economically dependent on EDEKA.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Merger Control, Member State Level - Germany

    According to a press release of 18 March 2011, the German Federal Cartel Office has prohibited the plans of broadcasting groups RTL and Pro7Sat1 to form a joint venture for the creation and operation of an online video platform.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Regional Court Of Düsseldorf Dismisses Damages Claim Against Cement Manufacturers

    On 17 December 2013, the Regional Court of Düsseldorf dismissed a damages claim of approximately € 131 million brought by the Belgian company CDC Cartel Damages Claims SA ("CDC") against cement manufacturers Cemex Deutschland AG, Dyckerhoff AG, Lafarge Zement GmbH, Schwenk Zement KG, HeidelbergCement AG and Holcim Deutschland AG.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Italian Competition Authority Fines Ferry Operators For Failure To Respect Case-Closure Commitments

    On 28 January 2015, the Italian Competition Authority ("ICA") fined ten ferry services operators, active in the Gulf of Naples and Salerno, for their failure to respect commitments agreed on in a previous investigation.
    ItalyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Dutch Court Annuls Two Cartel Decisions For Misuse Of Telephone Taps

    With two judgements of 13 June 2013 and 11 July 2013, the Rotterdam District Court annulled the decisions of the Dutch competition authority in a constructions cartel and a ship waste cartel.
    NetherlandsAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Dutch Court Of Appeal Holds That Research Firm Should Reveal Information About Possible Cartel Infringers

    In a judgement of 23 April 2013, published on 13 June 2013, the Court of Appeal of The Hague held that Difotrust, an IT firm specialised in digital forensic research, should reveal information relating to possible cartel infringers.
    NetherlandsAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Dutch Higher Court Upholds Cartel Decisions Despite Use Of Telephone Taps

    In June 2013, the District Court annulled two decisions of the DCA regarding, respectively, a cartel in the construction business and a cartel in the ship waste sector.
    NetherlandsAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Dutch Mobile Operators Commit To Refraining From Public Statements About Future Market Behaviour

    In a press release of 21 November 2013, the Dutch Competition Authority (ACM) announced that it would terminate its investigation into a possible price-fixing cartel on the market of mobile telecommunications and accept binding commitments from the three major mobile providers in the Netherlands, T-Mobile, KPN and Vodafone.
    NetherlandsAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
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