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The gift that keeps on giving: Article 22 is here to stay

The European Commission will review a transaction thanks to Italy’s call-in powers. Even though the broad interpretation of Article 22 EUMR is off the table, deals that do not meet standard EU and national merger thresholds may still need to be notified.

Dutch Supreme Court clarifies rent increase clause: surcharge of 3% in addition to the agreed indexation according to the CPI is not unfair

Since 2023, there has been a debate as to whether such a surcharge clause should be considered unfair within the meaning of European Directive 93/13/EEC. Case law on this issue and on the possible legal consequences has been divided.

E-book NOW-2: Second Temporary Emergency Bridging Measure Work Retention

On 17 Mar 2020, Dutch cabinet announced the first emergency support package to address corona crisis impact for the purpose of Work Retention and Self-Employed persons.

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.

European Banking Federation Guidance on testing of Cloud Exit Strategy

Financial institutions may outsource critical or important functions to cloud service providers (“CSPs”). On 25 February 2019 the European Banking Authority (“EBA”) provided guidelines (the “EBA Guidelines”) laying out the framework for outsourcing arrang

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.

[Update] Dutch Senate adopts UBO register bill

Today (23 June 2020), the Dutch Senate adopted the bill to implement the Dutch Ultimate Beneficial Owner (''UBO'') register (''UBO register''). We expect the Act to enter into force soon.

Rent reduction based on Dutch government coronavirus measures: possible or not?

The economic consequences of the 'intelligent lockdown' for the commercial rental sector are slowly becoming visible. Examples of these consequences include a considerable drop in demand, forced closings, and government-imposed operating limitations.

Public investment funds in the Netherlands - 2020

What does the fund registration process involve, e.g., what documents are required to be filed? What are the consequences for failing to register a fund that is required to be registered in Dutch jurisdiction? Or, What are the types of entities that can b

Public Consultation on the Industry Carbon Tax Act: levy and trade in dispensation rights

The public consultation on the Industry Carbon Tax Act (Wet CO2-heffing industrie) began on 24 April 2020. The government has already announced the carbon tax in the Climate Agreement.

Limitation in case of a deliberately hidden claim

Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code).

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

Please share – ACM conditionally clears shared mobility platform merger

There may soon be a new competition tool available to tackle structural competition concerns in dynamic tech and platform markets. Until then, competition authorities resort to existing tools to deal with these markets.

The Dutch competition authority (A

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.

National Forum on the Payment System Publishes Guidance about Account Information Services

The Dutch National Forum on the Payment System (Maatschappelijk overleg betalingsverkeer - “MOB”) has published guidance on the transparency requirements for account information services providers (“AISPs”), a specific payment service regulated under PSD2

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