News & Insights

  • 23/05/2019
  • News

Van Bael & Bellis launches the sixth edition of its “EU Anti-Dumping and Other Trade Defence Instruments"

The definitive book on EU trade defence law appears in a fully updated sixth edition. As comprehensive in its coverage as its predecessors, this new edition of the Van Bael & Bellis book on “EU Anti-Dumping and Other Trade Defence Instruments” provides incisive analysis and critical commentary on all relevant aspects of the EU trade defence instruments as actually applied by the EU Institutions against the backdrop of WTO law. The book covers every issue likely to arise in any trade defence matter and examines the numerous cases decided under the EU anti-dumping, countervailing, safeguard and trade barriers regulations, including all of the following and more: • determining the dumping and injury margins; • rules for the determination of permissible adjustments; • clarification of the terms ‘significant distortions’ and ‘distortions on raw materials’; • determining the subsidy margin; • determining the causal link between dumping or subsidy and injury; • determining if “Union interest” calls for intervention; • examining the differences between anti-dumping and anti-subsidy legislation; • procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews and refunds; • conditions for accepting an undertaking; • measures that may be taken to prevent ‘circumvention’ of anti-dumping or countervailing measures; • rules governing the standing of various interested parties before the European Courts; • allocation and administration of quantitative quotas; and • surveillance measures. As a detailed and practical commentary on the relevant aspects of the EU trade defence instruments as actually applied by the EU institutions in the light of WTO law, the sixth edition of this book remains without peer as a guide to EU trade defence law. To order a copy of the book from Kluwer, click on this link.

Read more
    • 29/05/2020
    • Articles

    European Commission Presents EU4Health Programme

    On 28 May 2020 the European Commission (the Commission) presented details of its new, stand-alone EU4Health Programme, a proposal to commit considerable EU resources to health during the 2021-2027 period (EU4Health). The budget which the Commission proposes to earmark for EU4Health, EUR 9.4 billion, reflects a more than 20-fold increase over the funds previously dedicated to this policy area (EUR 413 million). The Commission first made its plan public as part of the presentation of ‘Next Generation EU’, a EURO 750 billion recovery plan to be embedded in and added to the long term overall EU budget for the 2021-2027 period (see, Van Bael & Bellis Life Sciences News Alert, 28 May 2020).

    Download PDF
    • 28/05/2020
    • Newsletters

    VBB on Competition Law, Volume 2020, No. 5

    The May 2020 issue of our newsletter, VBB on Competition Law, which covers major developments in competition law at both the European Union and Member State levels.

    Download PDF
    • 28/05/2020
    • Articles

    Next Generation EU - European Commission Proposes Significant Funding and Expanded EU Health Programme

    The European Commission (the Commission) published on 27 May 2020 its proposal for a major recovery plan and put forward a new EUR 750 billion recovery instrument called ‘Next Generation EU’ that would be embedded in and added to the long term EU budget (itself worth some EUR 1,100 billion between 2021 and 2027). The money from Next Generation EU would be available to the Member States in the form of both grants (EUR 500 billion) and loans (EUR 250 billion). The focus of the recovery plan is the green and digital transition but the plan also has a substantial health component, at times intertwined with green and digital aspects.

    Download PDF
    • 26/05/2020
    • Articles

    Dutch Competition Authority Supports Cooperation in Distributing Essential Medicines

    The Dutch competition authority, Autoriteit Consument en Markt (ACM), published a statement indicating that it supports the cooperation between hospitals, hospital pharmacies and pharmaceutical wholesalers to reduce or avert shortages of 14 essential medicines for which demand during the Covid-19 crisis has soared (see, attachment). ACM took the position in response to a request made by Landelijk Coördinatiecentrum Geneesmiddelen (LCG), an organisation established in April 2020 to secure supplies of medicines for intensive care treatment and surgery in hospitals. LCG organises the procurement and distribution of these medicines. ACM said that it did not expect any competition problems to arise. It explained that this form of cooperation was transparent, temporary and necessary to prevent both national and local medicine shortages. It added that the measures adopted by LCG did not extend beyond what is necessary to achieve this goal. ACM also pointed out that safeguards had been put in place to avoid the exchange of information among wholesalers regarding prices or stocks. The ACM’s position is in line with that taken by other competition authorities around Europe to make sure that supplies of essential goods such as medicines and foodstuffs would not be curtailed (see e.g., Van Bael & Bellis Life Sciences News Alerts of 9 April 2020 and 29 April 2020).

    Download PDF
    • 22/05/2020
    • News

    Andrzej Kmiecik participates in ICC-Baker McKenzie 14th Annual Conference on Trends and Developments in Global Competition Law

    On 15 May 2020, Van Bael & Bellis partner and head of competition Andrzej Kmiecik participated in a panel discussing developments in international merger control at the 14th Annual Conference on Trends and Developments in Global Competition Law organised online by the London-based Interdisciplinary Centre for Competition Law and Policy and Baker McKenzie. Other members of the panel were: Chris Prevett, Senior Legal Director, Mergers, Markets & Sector Regulation, UK Competition and Markets Authority and Heather Johnson, Senior Counsel to the Director, US Federal Trade Commission. The panel was chaired by Eyad Maher Dabbah, Director and Professor, ICC, Queen Mary University of London. Further information on the conference is available here.

    Read more
    • 22/05/2020
    • Articles

    Portuguese Competition Authority Warns Association of Pharmacists to Comply With Competition Rules During Covid-19 Crisis

    The “Autoridade da Concorrência” (the AC), the Portuguese competition authority, published on 21 May 2020 a warning for professional associations, including the national association of pharmacies (Associação Nacional das Farmácias or ANF), that they should observe the competition rules, even during the Covid-19 crisis (see, attached press release in Portuguese and English versions). The warning also targeted associations in the financial sector. The message of the AC echoes that conveyed lately by many other competition authorities and indeed the European Competition Network of competition authorities (see, Van Bael & Bellis Life Sciences News Alert of 24 March 2020). These authorities all wish to countenance limited and temporary forms of cooperation by firms that face exceptional circumstances, but will remain tough on egregious forms of collusive or abusive behaviour. In striking a similar balance, the AC would nonetheless seem to be more intent on making sure that Covid-19 is not turned into a pretext for anticompetitive conduct. For example, AC stresses that professional associations should not impinge on the commercial freedom of their members and should not allow members to exchange sensitive commercial information. The AC says it stands ready to offer informal guidance and specifies that it counseled ANF regarding the maximum margin to be applied to sales of personal protective equipment which was later made subject to regulation.

    Download PDF
    • 22/05/2020
    • Newsletters

    VBB on Belgian Business Law, Volume 2020, No. 4

    The April 2020 issue of our Belgian Business Law newsletter reporting on the latest developments in a range of areas, including competition, data protection, intellectual property and labour law.

    Download PDF
    • 19/05/2020
    • News

    Covid-19 Special Alert │ 19 May 2020

    The VBB Alert covers Covid-19 related aspects of competition law at both the European Union and Member State levels, with a special focus on state aid measures in Belgium, France, Italy, the Netherlands and the UK.

    Download PDF

Showing 1-9 of 1216 insights

View more
Keep updated Sign up for VBB insights

Be the first amongst your peers to get the latest publications and insights.