In our autumn update we discuss the key developments in competition law, economic regulation and consumer law.
Cartel supervision remains firmly on the radar of competition authorities. ACM fined, for instance, three egg producers for prohibited price agreements. And there’s no shortage of interesting new cartel case law: the European Court of Justice found that a cartel fine is evidence of the nullity of a contractual provision. We also explain in a blog where the boundaries now lie with regard to agreements between suppliers and distributors.
A number of issues stand out in the field of mergers and acquisitions. First, the predictability of the notification requirement is being reduced, because competition authorities are increasingly reviewing (or intend to review) non-notifiable transactions. Second, the administrative burden for companies is increasing. To safeguard the deal certainty and timing of transactions, we provide some practical tips in our merger blog. Third, the Rotterdam District Court in quick succession overturned the decisions in which ACM banned two healthcare mergers.
A key focus of regulators is the protection of online consumers and the countering of greenwashing. ACM published its updated Guidelines on Sustainability Claims in July. It also launched its Groene praatjes (Green Talk) campaign, to improve information on sustainability. The European Commission is also trying to curb greenwashing at EU level with its Green Claims Directive proposal.
The switching season for basic health insurance is upon us again. The NZa, ACM and the Dutch Consumers’ Association have noted these past eight years already that the ‘policy jungle’ (the excessive number of policies and the sham choice they offer) is a major problem. Enforcement nevertheless remains lacking. Will this finally change?
Finally, we focus on raids by the Netherlands Food and Consumer Product Safety Authority: what should companies pay attention to?
We hope you enjoy the read!
