Thomas de Boer

𝐄𝐔 𝐂𝐨𝐦𝐩𝐞𝐭𝐢𝐭𝐢𝐨𝐧 𝐑𝐮𝐥𝐞𝐬 𝐟𝐨𝐫 𝐃𝐢𝐬𝐭𝐫𝐢𝐛𝐮𝐭𝐢𝐨𝐧 𝐀𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭𝐬 #8: 𝐅𝐫𝐚𝐧𝐜𝐡𝐢𝐬𝐞 In this blog series, Martijn Jongmans and Minos van Joolingen discuss the most relevant topics of EU competition law for distribution agreements. This eighth blog focuses on franchise. #blog #competition #regulatory #distribution #franchise

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This note is part of a blog series in which Banning Advocaten seeks to provide guidance on the most relevant topics of EU competition law for distribution agreements. In this eighth blog they discuss the distribution method of 𝐅𝐫𝐚𝐧𝐜𝐡𝐢𝐬𝐢𝐧𝐠. #Franchising #Banning #dlc #TheNetherlands https://lnkd.in/eswetabF

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Besides preparing for the LAW-GAT Exam, You can also use Lexa.Lawyer to practice for other legal exams like the SEE-LAW or LAT. It’s a game-changer for sharpening your legal knowledge! Sign Up Now: 🌐 www.lexa.lawyer Our Email: 📧 [email protected] #LEXA #Pakistan1stAILegalAssistant #LexaLawyer #LexaAI 

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Scott+Scott Amsterdam Attorney Reinier Lamberti recently co-authored an article for Boom Juridisch, examining different questions regarding the statute of limitations in private enforcement under EU competition law. The Court of Justice of the European Union addressed these questions in its judgment between Heureka and Google (case C-605/21). “With Heureka, the European Court of Justice clarifies the system of private enforcement of European competition law. Furthermore, there is now greater clarity as to when a limitation period starts to run, and potential claimants now know more quickly whether a competition law claim is time-barred.” Read more here: https://lnkd.in/eFraNdzD #EUCompetitionLaw #PrivateEnforcement 

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The question as to how price parity clauses (or MFNs) will be dealt with under the law surrounding ancillary restraints has been an open question in competition law for some time. In September, the Court of Justice handed down its judgment (on a referral from the Amsterdam District Court) in a dispute involving Booking.com. The judgment makes clear that it will now be difficult for either wide or narrow price parity clauses to qualify as ancillary restraints for the purposes of competition law (on the basis that such clauses do not appear to be objectively necessary or proportionate to the objective of providing online hotel reservation services). This does not mean, however, that there are no circumstances in which the implementation of price parity clauses will be lawful under relevant competition laws. See our Competition team's key takeaways: https://lnkd.in/e5hFrKPb #CompetitionLaw #AncillaryRestraints #MFNS Stephen Whitfield, Nigel Seay, Ingrid Hodgskiss, Rosamund Browne, Richard J Brown, Chloe Budd

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Lexology In-Depth: International Trade Law, edition 10 edited by Folkert Graafsma and Joris Cornelis of VVGB Advocaten / Avocats, is now available on Lexology: https://lnkd.in/e-TjNRyh In-Depth: International Trade Law provides an incisive overview of the current state of global trade law and practice. With a focus on recent developments, it analyses the key features of the national and international legal frameworks governing trade, including trade remedies; investigation and review procedures; applicable treaties; trade disputes; and an outlook for future developments.

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Stibbe Amsterdam is pleased to announce the expansion of its TMT/IP practice with the appointment of Jan-Jaap Koningsveld as counsel. Jan-Jaap brings a wealth of experience in intellectual property (IP), IT, data protection and cybersecurity, offering a distinctive combination of strategic advisory and guidance on complex corporate transactions. Hans Witteveen, managing partner of Stibbe Amsterdam: “We are delighted to welcome Jan-Jaap to our TMT/IP team. He is a highly driven and experienced lawyer who will help us to provide our clients, who increasingly face complex issues in IP, IT, data protection and cybersecurity, with integrated services of the highest standards.” https://stibbe.law/4hS6cX7

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The recent Philips v Belkin decision issued by the Munich Local Division of the #UPC garnered a lot of attention because it related to a standards essential #patent (SEP). However, FRAND and SEP issues didn't really factor into the decision and more interesting (for me at least) was how the Court approached claim construction, given that there was a tension between the prosecution history and the description of the patent as granted. The case related to a power transmitter, and infringement hinged on a particular point of claim interpretation. The claim required a power transmitter which sends an “accept” or “reject” message during a “negotiation phase”. The question was how the 'or' should be interpreted - would the claim be infringed by a device that only ever responds with an “accept” message, or did it require the device to be able to transmit either an “accept” or “reject” message depending on the circumstances? Based on the statements in the prosecution history, it seems that the applicant (at least before grant) intended the claim to be read narrowly and cover only the latter option. However, the description of the patent as granted stated that 'in some embodiments of the invention', the transmitter did not need to send a “reject” message. The Court found that it was more important to read the claims in a way which was consistent with the description and drawings, and so it followed the broader interpretation. As a result, it found that the claim was infringed (in contrast to German national courts, which came to a different conclusion). An interesting point of practice from the UPC, but also an important reminder for patent practitioners to pay attention to what the description says is and isn't an embodiment of the invention! Lots more detail to be found in our recent article, penned by my colleague Oliver Jones, along with myself and John Brunner:

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The past quarter was packed with important developments in European and Dutch #competition law. In the Competition Flashback Q3 2024, we give you an overview of the most high-profile cases and rulings of the past few months:   A small sample of the topics:   1. Google's #abuse of dominance in the Google Shopping case 2. The ruling on Booking.com’s #price parity clauses 3. The finale of the Schiphol #flight reduction case 4. The importance of the judgment in the Illumina and GRAIL merger case 5. Apple’s legal battle around access to its #ecosystem as well as its tax dispute in Ireland   Bas Braeken, Jade Versteeg, Lara Elzas, Timo Hieselaar, Demi van den Berg & Joost van Belois   Curious? Read about this (and more) https://t.ly/XFtvf

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Bjorn van der Klip and Marc Habermehl contributed to Thomson Reuters’ note on Public Mergers and Acquisitions in the Netherlands. The note looks at, in outline, the law and regulation of public takeovers in the Netherlands, focusing on public offers aiming to achieve 100% control of the target company. The publication for Practical Law Global can be found here: https://stibbe.law/3Wtmwn4

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New Post from the 👑 A-LIST: the Celebrities of the Arbitration Cases 👑, your 5-min read snapshot of famous arbitration-related cases. On the fourth post of the series, we look into the 📣 ACHMEA case: the one that reshaped intra-EU investment disputes! Do you have a case in mind you would like to see featured in the series? Send your suggestion, I would love to know what is your A-LIST! #Arbitration #Achmea #DisputeResolution #Insights https://lnkd.in/dWDBpMqr

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Now Available in English: The 3rd Edition of the WAMCA Whitepaper - A Third Quantitative Analysis! Deminor General Counsel Netherlands Joeri Klein and Finch Dispute Resolution Partner Koen Rutten, supported by Caspar Vermande, return with a new extensive quantitative analysis of all WAMCA procedures to date.    Request your free copy of the Whitepaper and read about: ➡ All outcomes of WAMCA procedures to date, at first instance and on appeal. ➡ The average processing times of the various steps in WAMCA procedures, the subjects of litigation, the rewards for litigation funders, the total duration to reach a final decision, the types of claimants in WAMCA procedures, and the number of competing claims filed. ➡ The increase in WAMCA procedures concerning privacy violations and the total absence of any new securities-related cases. ➡ The number of WAMCA procedures filed each year since 2020 and the number of WAMCA procedures that have since been finally resolved.    Click the link to access this year's English copy of the 22-page Whitepaper: https://lnkd.in/eM_Sk-vk

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We have more exciting news! We want to announce that as part of their Law Debate Competition, our colleagues at Hukumonline.com are conducting an interactive quiz with a total prize of Rp. 1.000.000. Show your support for your favorite team and take this opportunity to win the prize! You can participate in this interactive quiz using the following link: bit.ly/KuisHLDC2024. Don't let this opportunity slip away! Make sure to participate in the interactive quiz before it's too late. #BIL #BudidjajaInternationalLawyers #lawfirm #BreakingNews #Indonesia #Hukum #Pengacara #PengacaraIndonesia #FirmaHukum #Lawyer #Advokat #LegalExpertise #LegalExcellence #HukumIndonesia #HukumOnline #LawDebateCompetition

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The type of legal updates I’d like to see more of. 1/2 for the environment!

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Exciting news! Huge congrats to Annemie Van de Vliet & Julie Mannekens for being admitted to the Brussels Bar and leveling up from junior associates to associates! ⚖️   💼 Here’s to the next generation of legal excellence!   If you have any legal questions or need expert advice in Competition Law, Data Protection, or Compliance, don’t hesitate to reach out — Annemie, Julie, and the entire Faros team are here to assist you!   #Faros #CompetitionLaw #DataProtection #Compliance 

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This is a really instructive example of over-reliance on AI and how it can, in essence, not appreciate points which would be obvious to most. Thanks for highlighting this Barry.

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Katie Newbury will be attending AIJA - International Association of Young Lawyers’s upcoming conference in Rotterdam ‘Transporting Law(yers) into the future: equality, specialisation and legal tech at the start of the 21st century.’ Of particular interest to Katie, this conference will explore the interaction between immigration and family law issues. More event information can be found here: https://lnkd.in/dpUJ_iiP #KingsleyNapley #ImmigrationLaw #AIJA #FutureOfLaw #AIJAConference #LegalTech #ImmigrationLawyer #LegalInnovation

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📢 New publication alert! We are excited to share that Maarten de Boorder, Rutger S., Samuel Garcia Nelen, and Bas Vletter have co-authored the chapter "Private Equity in the Netherlands 2024 | Practice Guide" in Chambers. This chapter provides valuable insights into the latest legal trends and developments shaping the private equity industry in the Netherlands. ✨ Key Highlights: 1. The PE market is expected to maintain its momentum throughout 2024. However, the macro-economic environment has made it more challenging, particularly in securing acquisition financing, thereby delaying transactions and impeding deal certainty.   2. Transactions have increasingly become subject to scrutiny from competition and foreign direct investment (FDI) regulators.   3. Auctions remain the prevalent method for PE funds to acquire or divest investee companies. 4. The market for warranty and indemnity continues to evolve, providing PE funds with the so-desired clean exits. 🔍📖 For a deeper dive into these topics, check out the full chapter in Chambers via this link: https://lnkd.in/eJHFrQge #PrivateEquity #MergersAndAcquisitions #LegalTrends #NetherlandsPE #PrivateEquity2024 #MA #GreenbergTraurig #GTAmsterdam

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