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Tax controversy in the Netherlands - 2019

In the Netherlands, tax controversies can arise in various ways. Tax disputes may arise as a result of a tax audit initiated by the Dutch Tax Authorities (DTA), or questions raised by the DTA (for example, after having reviewed a tax return filed by a tax

Part two - GDPR and Public Law: Data protection in public procurement

Nearly a year after the GDPR took effect, questions have emerged about its interaction with public law. This three-part blog series "GDPR and Public Law" explores three key issues regarding its impact on public law and government.

Dutch Supreme Court clarifies evidentiary rules concerning signatures and signed documents

In two recent decisions, the Dutch Supreme Court has clarified the evidentiary power of signed documents.

Dutch court: insufficient substantiation? No follow-on cartel damages action

The Amsterdam District Court in the Dutch trucks cartel follow-on proceedings recently ruled that claimants – specifically CDC, STCC, Chapelton, K&D c.s. and STEF c.s. – had insufficiently substantiated their claims.

European regulatory initiatives for online platforms and search engines

As part of the digital economy, the rise of online platforms and search engines raises all kinds of legal questions. For example, do bicycle couriers qualify as employees who are entitled to ordinary labour law protections?

Corporate Recovery & Insolvency in the Netherlands

Does the legislative framework in your jurisdiction allow for informal work-outs, as well as formal restructuring and insolvency proceedings, and to what extent are each of these used in practice? What formal rescue procedures are available in your jurisd

Part one - GDPR and Public Law: Applicability of GDPR to public bodies

Nearly a year after the GDPR took effect, questions have emerged about its interaction with public law. This three-part blog series "GDPR and Public Law" explores three key issues regarding its impact on public law and government.

ARRC releases recommended contractual fallback language for U.S. Dollar LIBOR syndicated loans

By now almost everyone knows that the world of interest rate benchmarks is going to change.

Can you rely on your contract to process personal data?

The EDPB adopted on 9 April 2019 a set of draft guidelines on personal data processing under Article 6(1)(b) GDPR in the context of providing online services to data subjects.

ACM launches probe into Apple's App Store

The Dutch Authority for Consumers and Markets (ACM) has announced that it is opening an  investigation into whether Apple abuses the position it has attained with its App Store. The investigation will initially focus on news apps.

Dutch Trade and Industry Appeals Tribunal upholds appeal and confirms fines on taxi companies

The Trade and Industry Appeals Tribunal (CBb) recently overturned two judgments of the Rotterdam District Court and confirmed the fines imposed on two taxi firms.

Report on competition law's digital future: time for (r)evolution?

Do we need a revolution in competition rules to keep up with digital developments such as online platforms, data-sharing and 'killer acquisitions', or will a more natural evolution suffice?

Financial sector remains on the antitrust radar: the report on loan syndication is out

The European Commission recently published a report it had commissioned to examine the market dynamics and potential antitrust risks related to loan syndication.

Double-check your merger info - or face significant fines for inaccuracies

Failing to submit complete and accurate information to the European Commission during a merger investigation can have costly consequences.

Qualcomm loses General Court battle over request for information

The General Court (GC) recently rejected Qualcomm's appeal against a Commission decision requesting information. The Commission's request was presented to the company after the issuance of a statement of objections.

European Court of Justice: principle against double jeopardy does not preclude dual fines

The European Court of Justice recently confirmed that a national competition authority can impose a single fine on a company for infringements of both national and EU competition law without violating the principle against double jeopardy.

Termination of an agreement: compelling grounds?

When does a reason given for termination of an agreement qualify as a compelling ground? That was the central question in the Dutch Supreme Court's decision of 29 March 2019 (ECLI:NL:HR:2019:446).

Arbitral award obligating Ecuador to prevent enforcement of USD 8.6 billion order does not violate public order

Due to environmental damage as a result of oil extraction in the Ecuadorian Amazon, oil company Chevron was ordered to pay USD 8.6 billion to Ecuadorian citizens.

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