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ECJ ruling on Dutch CIT Fiscal Unity prompts legislative action

In this Tax Alert we will address the anxiously awaited ruling of the European Court of Justice ("ECJ") on the joined cases C-398/16 and C-399/16. This judgement deals with the question whether EU law obliges the Netherlands to let taxpayers cherry pick b

Who is a consumer? The dynamic approach to the concept of 'consumer' under the Brussels I Regulation

On 25 January 2018, the European Court of Justice ("ECJ") rendered a preliminary ruling in a case between Austrian citizen Maximilian Schrems and online social network Facebook. The ruling is important for two reasons.

Abolishment of tax deductibility of coupon payments on AT-1 capital instruments announced per 1 January 2019

On Friday 29 June 2018, the Dutch government made public its intention to abolish article 29a Dutch corporate income tax act ('DCITA'), per 1 January 2019. As a result of the abolishment of this provision, coupon payments on so-called additional-tier 1 ('

General market studies are insufficient proof to establish dominance, two Dutch District Courts rule

In two recently published Dutch District Court judgments, the high evidentiary standard for invoking competition law arguments in civil proceedings was confirmed.

Court of Justice: Suppliers of luxury goods may prohibit their authorised distributors from selling on third party internet platforms

On 6 December 2017, the Court of Justice rendered its much anticipated judgment in a dispute between a supplier of luxury cosmetics (Coty) and one of its authorised resellers.

Court of Justice dismisses appeal by Telefónica on non-compete clause in telecoms transaction

On 13 December 2017, the Court of Justice dismissed the appeal brought by Telefónica against a judgment of the General Court (GC) regarding a non-compete agreement [see our July 2016 Newsletter].

UK Court upholds fine against Ping for online sales ban

On 7 September 2018, the UK Competition Appeal Tribunal (CAT) upheld the UK Competition and Market Authority's (CMA) decision fining Ping Europe Limited, a manufacturer of golf clubs, for violating EU and UK competition law.

Dutch Trade and Industry Appeals Tribunal annuls mail market analysis decision

On 3 September 2018, the Trade and Industry Appeals Tribunal (CBb) annulled the market analysis decision regarding 24-hour business mail issued by the Dutch Authority for Consumers and Markets (ACM) on 27 July 2017.

Court of Justice refers case against Infineon in relation to smart card chips cartel back to the General Court

On 26 September 2018, the European Court of Justice partially set aside the judgment of the General Court in the smart card chips cartel case.

Tax Alert: Budget Day tax proposals

On 18 September it was budget day (Prinsjesdag) in the Netherlands on which the Dutch government released several bills of law containing tax law proposals. In this Tax Alert we will provide you with a summary of the main proposals relevant for internatio

Rotterdam District Court quashes cartel fines imposed by the ACM on cold storage operators

On 12 April 2018, the District Court of Rotterdam quashed four fines imposed by the Dutch Authority for Consumers and Markets (ACM) on cold storage operators and their respective directors for violating the cartel prohibition.

District Court of Amsterdam rules on requests for pre-procedural hearings

On 29 March 2018, the District Court of Amsterdam ruled on requests for pre-procedural hearings in relation to the alleged infringements in the two separate cases of Trucks and CRT.

European Commission imposes record fine on Altice for premature implementation of PT Portugal acquisition

On 24 April 2018, the European Commission announced that it had imposed a fine of EUR 124.5 million on Altice for acquiring control of PT Portugal before clearance by the Commission ('gun-jumping').

Germany did not err in extraditing an Italian citizen to the US for a competition law infringement

On 10 April 2018, the European Court of Justice ruled that Germany did not breach EU law by extraditing an Italian citizen to the United States for a competition law infringement.

Dutch Under-Minister of Finance clarifies expected changes to the Dutch CIT fiscal unity regime

In his letter (the “Letter”) of 20 April 2018 the Dutch Under-Minister of Finance has answered questions raised by a member of the Second Chamber of Parliament regarding the Dutch corporate income tax (“CIT”) fiscal unity regime. 

Legislative proposal on changes to the Dutch CIT fiscal unity made public

On 22 February 2018 the European Court of Justice ('ECJ') decided on two cases (C-398/16 and C-399/16), which are relevant for purposes of the 'per-element-approach' concerning the Dutch corporate income tax ('CIT') fiscal unity regime. To mitigate the (n

Dutch Appeal Court drastically reduces cartel fine Dutch construction company

On 8 May 2018, the Trade and Industry Appeals Tribunal (CBb) ruled on appeal on the proportionality of the amount of a fine imposed by the Dutch Authority for Consumers and Markets (ACM).

District Court of Amsterdam declines jurisdiction in competition law damages case

On 9 May 2018, the District Court of Amsterdam declined to accept jurisdiction over Athenian Brewery (AB), a Greek subsidiary of Heineken, in a civil case brought by competitor Macedonian Thrace Brewery (MTB).

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