Levelling the playing field in 2023: new tools and hurdles

EU Law

While 2022 mainly revolved around new and improved regulatory tools, the main focus in 2023 will likely be on putting these tools to use. New tools are either in place or on the horizon for levelling the playing field in antitrust issues, M&A transactions and consumer-law enforcement.

For companies, these tools (in combination with 2022’s other developments in the field of foreign investment and consumer law) show that there are more hurdles to cross, but also that there is more clarity on merger-related obligations, intensified digital sector scrutiny and more guidance on ‘fairness’ in competition and consumer law enforcement.

Click on the links below for our 2022 overviews on:

In 2022, the overhaul of the European Commission’s competition policy progressed steadily alongside ‘traditional’ competition law enforcement. More clarity on the vertical, social, and digital aspects of competition law is now available, with more fine-tuning imminent in 2023.

2022 marks the second year of the EU Foreign Direct Investment Regulation, and the year in which legislators haven been busy shaping the Dutch national security screening regime and the EU Foreign Subsidies Regulation, which will enter into force in 2023. Get ready for more action!

In 2022, the ACM and the European Commission put the spotlight on the accuracy of companies’ sustainability claims. This overview summarizes Dutch and European consumer law developments in this area and examines key compliance points for companies. Without a doubt, regulators will continue to target unfair commercial practices that lead consumers away from sustainable consumption choices in 2023 and beyond.