549 results EU merger control: Dutch clause to catch future killer acquisitions Competition Commissioner Vestager presented a sneak peak of her plans for the future of EU merger control on the 30th anniversary of the EU Merger Regulation. A digital transition in the financial services sector On 24 September 2020, the European Commission (the “Commission”) adopted the Digital Finance Package (the “Package”). The aim of this initiative is to create a competitive EU financial sector that gives consumers access to innovative financial products. Online platforms and uploading of protected works: no direct liability for operators of online platforms According to the Advocate General, operators of online platforms are not directly liable for the illegal uploading of protected works by the users of those platforms. Securing your data transfers after Schrems II The European Court of Justice has issued a landmark judgement in the Schrems II-case that reshapes data transfer rules from EU to non-adequate third countries, impacting the regulatory landscape significantly. Home, but not alone: Commission may complete dawn raids from home The European Court of Justice (ECJ) has rejected Nexans’ appeal in the power cables cartel case. The Commission started the dawn raid at Nexans’ premises, but due to lack of time finished the raid at the Commission’s premises in Brussels. The ACM’s Green Deal: achieving sustainability via competition law? The ACM has issued draft guidelines on the application of competition law to sustainability agreements. COVID-19 impacts level and payment of antitrust fines As well as granting companies leeway on certain COVID-19 initiated collaborations (see our May 2020 newsletter), the coronavirus outbreak has also led competition authorities to take a more lenient stance towards fine calculations and payments. Hof van Justitie laat windturbines over NIMBY-argument primeren het Hof van Justitie oordeelt dat nationale regels inzake minimumafstanden voor hernieuwbare energie productie-installaties op hun proportionaliteit en noodzakelijkheid moeten worden getoetst in het licht van de streefcijfers inzake hernieuwbare energie. Introduction of dividend withholding tax in relation to low tax jurisdictions as per 2024 and update Dutch double tax treaty policy This Tax Alert will address two Dutch international tax policy proposals as included in letters that the Dutch State Secretary of Finance recently sent to the Dutch parliament on 29 May 2020. We note that the proposals are still subject to parliamentary d No proof of competitive disadvantage? No abusive favouritism Companies claiming abuse of dominance in civil proceedings have their work cut out for them, as demonstrated by a ruling of the Amsterdam Court of Appeal. Real estate association VBO had accused dominant online platform Funda of favouritism. However, in l More hurdles to cross: Foreign Direct Investment gaining momentum Cross-border acquisitions and mergers may soon have an extra hurdle to cross before receiving the green light. In the EU, the development of FDI screening mechanisms has gained speed after COVID-19. European Commission to pull the strings of foreign subsidies The European Commission is adding powers to its toolbox to ensure a level playing field between European and foreign(-backed) companies active on the EU market. Return to sender: Court annuls ministerial unblocking of postal merger The Rotterdam District Court has annulled the Dutch Minister’s very first clearance of a blocked merger (between postal operators PostNL and Sandd), on grounds of public interest. New competition tool: something old, something new, something borrowed Large online platforms may face more regulatory obligations, whilst non-dominant companies’ unilateral conduct may soon be curbed. E-book: 'Practical implications of ESG disclosure regulations' As of 10 March 2021, many financial market participants and financial advisers will be subject to new disclosure obligations following the entry into force of the EU Sustainable Finance Disclosure Regulation (SFDR) on 29 December 2019. Naar een verhoogd risico op aansprakelijkheid van de opdrachtnemer die ‘medeplichtig’ is aan een inbreuk op de overheidsopdrachtenwetgeving? Het Hof van Justitie buigt zich over de mogelijke gevolgen wanneer, bij de wijziging van een lopende overheidsopdracht, ten onrechte geen rekening is gehouden met de overheidsopdrachtenwetgeving. Financial Regulatory – Update Q1 2021 Traditionally, 1 January (and 1 July) each year is a date on which new Dutch financial regulations enter into force. This year, the amendments to the Dutch Financial Supervision Act are relatively few, but other developments are worthy of attention. Amsterdam Court of Appeal accepts jurisdiction in competition law damages case concerning Greek beer market On 16 February 2021, the Amsterdam Court of Appeal set aside a judgment of the Amsterdam District Court in which the District Court declined jurisdiction over the alleged claims against Athenian Brewery, a Greek subsidiary of Heineken N.V. Pagination Previous page Page 2 Current page 3 Page 4 Page 5 Next page
EU merger control: Dutch clause to catch future killer acquisitions Competition Commissioner Vestager presented a sneak peak of her plans for the future of EU merger control on the 30th anniversary of the EU Merger Regulation.
A digital transition in the financial services sector On 24 September 2020, the European Commission (the “Commission”) adopted the Digital Finance Package (the “Package”). The aim of this initiative is to create a competitive EU financial sector that gives consumers access to innovative financial products.
Online platforms and uploading of protected works: no direct liability for operators of online platforms According to the Advocate General, operators of online platforms are not directly liable for the illegal uploading of protected works by the users of those platforms.
Securing your data transfers after Schrems II The European Court of Justice has issued a landmark judgement in the Schrems II-case that reshapes data transfer rules from EU to non-adequate third countries, impacting the regulatory landscape significantly.
Home, but not alone: Commission may complete dawn raids from home The European Court of Justice (ECJ) has rejected Nexans’ appeal in the power cables cartel case. The Commission started the dawn raid at Nexans’ premises, but due to lack of time finished the raid at the Commission’s premises in Brussels.
The ACM’s Green Deal: achieving sustainability via competition law? The ACM has issued draft guidelines on the application of competition law to sustainability agreements.
COVID-19 impacts level and payment of antitrust fines As well as granting companies leeway on certain COVID-19 initiated collaborations (see our May 2020 newsletter), the coronavirus outbreak has also led competition authorities to take a more lenient stance towards fine calculations and payments.
Hof van Justitie laat windturbines over NIMBY-argument primeren het Hof van Justitie oordeelt dat nationale regels inzake minimumafstanden voor hernieuwbare energie productie-installaties op hun proportionaliteit en noodzakelijkheid moeten worden getoetst in het licht van de streefcijfers inzake hernieuwbare energie.
Introduction of dividend withholding tax in relation to low tax jurisdictions as per 2024 and update Dutch double tax treaty policy This Tax Alert will address two Dutch international tax policy proposals as included in letters that the Dutch State Secretary of Finance recently sent to the Dutch parliament on 29 May 2020. We note that the proposals are still subject to parliamentary d
No proof of competitive disadvantage? No abusive favouritism Companies claiming abuse of dominance in civil proceedings have their work cut out for them, as demonstrated by a ruling of the Amsterdam Court of Appeal. Real estate association VBO had accused dominant online platform Funda of favouritism. However, in l
More hurdles to cross: Foreign Direct Investment gaining momentum Cross-border acquisitions and mergers may soon have an extra hurdle to cross before receiving the green light. In the EU, the development of FDI screening mechanisms has gained speed after COVID-19.
European Commission to pull the strings of foreign subsidies The European Commission is adding powers to its toolbox to ensure a level playing field between European and foreign(-backed) companies active on the EU market.
Return to sender: Court annuls ministerial unblocking of postal merger The Rotterdam District Court has annulled the Dutch Minister’s very first clearance of a blocked merger (between postal operators PostNL and Sandd), on grounds of public interest.
New competition tool: something old, something new, something borrowed Large online platforms may face more regulatory obligations, whilst non-dominant companies’ unilateral conduct may soon be curbed.
E-book: 'Practical implications of ESG disclosure regulations' As of 10 March 2021, many financial market participants and financial advisers will be subject to new disclosure obligations following the entry into force of the EU Sustainable Finance Disclosure Regulation (SFDR) on 29 December 2019.
Naar een verhoogd risico op aansprakelijkheid van de opdrachtnemer die ‘medeplichtig’ is aan een inbreuk op de overheidsopdrachtenwetgeving? Het Hof van Justitie buigt zich over de mogelijke gevolgen wanneer, bij de wijziging van een lopende overheidsopdracht, ten onrechte geen rekening is gehouden met de overheidsopdrachtenwetgeving.
Financial Regulatory – Update Q1 2021 Traditionally, 1 January (and 1 July) each year is a date on which new Dutch financial regulations enter into force. This year, the amendments to the Dutch Financial Supervision Act are relatively few, but other developments are worthy of attention.
Amsterdam Court of Appeal accepts jurisdiction in competition law damages case concerning Greek beer market On 16 February 2021, the Amsterdam Court of Appeal set aside a judgment of the Amsterdam District Court in which the District Court declined jurisdiction over the alleged claims against Athenian Brewery, a Greek subsidiary of Heineken N.V.