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Marc Wiggers  (Loyens & Loeff, Netherlands) , Thomas Verstraeten , Robin Struijlaart  (Loyens & Loeff)
New rules prohibiting the abuse of economic dependence entered into force in Belgium on 22 August 2020 - What does this mean for the digital sector?
September 10, 2020

Introduction The recently introduced prohibition of abuse of economic dependence (Article IV.2/1 Belgian Code of Economic Law) is a novelty in Belgian law, which may become of significant importance…

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Mariska van de Sanden  (Bird & Bird, The Netherlands) , Tialda Beetstra  (Bird & Bird)
ACM fine lowered with 99% due to COVID-19
August 31, 2020

Intro / Summary The Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, “CBb”) reduced a fine imposed by the Dutch Authority for Consumers & Markets (“ACM”) on…

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Ayman Guirguis , David Howarth , Mei Gong , Connor McNamara  (K&L Gates)
Competitor Collaboration in the Shadow of COVID-19: The ACCC Takes a Pragmatic Approach
August 27, 2020

In brief: Industry collaborations that involve restrictions on supply of goods or services are likely to be per se illegal under Australian competition law. However, businesses can seek to self-…

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Jérôme Monsenego  (Stockholm University)
Some observations on the Apple case
August 04, 2020

The General Court’s awaited ruling in the Apple[1] case contains some surprising parts, and it is not easily reconciled with case law from this Court and from the Court of Justice. But as in the Fiat…

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Enrique Bravo-Garcia  (British Institute of International and Comparative Law)
Introducing nudging algorithms
July 23, 2020

  I. Artificial intelligence and pricing practices The great Stephen Hawking said that the risk with Artificial Intelligence (AI) is not that it is malign but that it is competent. Certainly, AI…

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Niti Richhariya  (Competition Commission of India)
Unsettling The Settled: Who Has The Locus Standi To Approach Competition Commission of India? NCLAT Answers
July 17, 2020

On May 29, 2020, the National Company Law Appellate Tribunal (“NCLAT”) rendered a decision in the matter of Samir Agrawal v. CCI & Ors. wherein it inter-alia, ruled that the locus standi to…

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Dimitrios Kyriazis  (Athens Law School)
Apple: One Case to Rule Them All
July 16, 2020

Some cases just have it all; the Apple case is one of them. First, size: at more than thirteen billion euros, the recovery order Ireland had to enforce dwarfed the previously biggest one (EDF, at…

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Mariska van de Sanden  (Bird & Bird, The Netherlands) , Piet-Hein Eijssen  (Bird & Bird)
Dutch competition authority offers more leeway for environmental sustainability initiatives
July 16, 2020

Introduction On 9 July 2020 the Netherlands Authority for Consumers and Markets (‘ACM’) published its draft sustainability guidelines (‘Draft Guidelines’) containing ACM’s proposed approach of…

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Thomas Wilson  (Kirkland & Ellis, Belgium) , Philipp Gnatzy , Shane Cranley  (Kirkland & Ellis)
The EC’s third amendment to the State aid Temporary Framework
July 07, 2020

  On 29 June 2020, the European Commission (“EC”) adopted a third amendment to the Temporary Framework of 19 March 2020 (“Temporary Framework”) to extend the options available to Member State…

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Mariska van de Sanden  (Bird & Bird, The Netherlands) , Pauline Kuipers  (Bird & Bird)
Pon/NS: applying behavioural remedies to digital platforms in the context of a merger
July 06, 2020

Introduction On 20 May 2020 the Dutch competition authority (“ACM”) conditionally cleared a new joint venture between transport company Pon Netherlands B.V. (“Pon”) and Dutch rail operator NS Groep…

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