Publications and articles

10 January 2025

Price parity clauses in two-sided markets: Case C-264/23 Booking.com

Helen Gornall and Marloes Wantenaar have written an article about the judgment by the Court of Justice of the European Union (CJEU) - issued on 19 September 2024 - in Booking.com BV and Booking.com (Deutschland) GmbH v 25hours Hotel Company Berlin GmbH and Others. Helen and Marloes represented Booking.com in these proceedings.
18 December 2024

Instruction on self-reporting, cooperation and internal investigations applied for first time

On November 22, the Netherlands Public Prosecution Service (NPPS) published a long-awaited instruction - see our unofficial translation here - outlining the framework and conditions for self-reporting and cooperation in criminal investigations into possible offences committed by legal entities. Although the instruction will only enter into force on 1 January 2025, the NPPS recently went ahead and applied the instruction to a case where a penal order was imposed on a large Dutch company.
17 December 2024

FRAND developments in the Unified Patent Court: where do we stand?

On 22 November 2024, in a case between Panasonic and OPPO, the Mannheim Local Division (LD) of the Unified Patent Court (UPC) handed down the first ever full-fledged substantive decision on the licensing of standard essential patents (SEPs) on Fair, Reasonable and Non-Discriminatory (FRAND) terms. The UPC had already dealt with FRAND cases in the context of procedural orders. Below we provide a brief overview of these developments, which are relevant to both SEP holders and implementers.
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