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2023 marked the near finale of the European Commission’s overhaul of its competition policy, leaving only a few loose ends to tie up in 2024/2025. It is now time to watch theory be put into practice by the competition authorities and at the courts.

Since 2021, Dutch rules against unfair trading practices, which implemented an EU Directive, apply to business-to-business relationships in agri-food supply chains. Enforcement by the ACM, initially slow, is now intensifying.

The Dutch Supreme Court issued an interesting court decision on 14 April 2023 clarifying when property rights (vermogensrechten) are economically similar or comparable to subordinated classes of shares that constitute a lucrative interest.

In deze blog signaleren wij kort enkele belangwekkende bestuursrechtelijke en omgevingsrechtelijke uitspraken van de afgelopen periode.

On 13 April 2023, the Financial Stability Board (FSB) published a report on convergence in Cyber Incident Reporting (CIR).

In bankruptcy proceedings, directors under the articles of association of a Dutch B.V. or N.V. can be held liable by a bankruptcy trustee on the basis of specific articles of the Dutch Civil Code concerning manifestly improper management.

In Q2 2023, the European Parliament will vote on the much-discussed Corporate Sustainability Due Diligence Directive (CSDDD).

Following the EC’s Horizontal Guidelines, the ACM and CMA have also published updated guidance on sustainability agreements. The approaches adopted by the three authorities are largely similar, but leave room for divergent assessments in some respects.

The Rotterdam District Court has delivered its judgment in the ACM's first-ever vertical restraints case. It upholds the fine imposed on Samsung for coordinating its retailers' online consumer prices under the pretence of 'price recommendations'.

The ICLG to Patents Law & Regulations covers common issues in patent laws and regulations – including enforcement, amendment, licensing, term extension, and prosecution.

On 5 January 2022, the EDPS issued a reprimand to the European Parliament for non-compliance with several provisions of the GDPR for EU Institutions and ordered it to update its data protection notices of an internal corona testing website.

Since 9 January 2022, the public type of the Dutch Scheme is automatically recognized in the EU under the European Insolvency Regulation. This will be further discussed in this blog.

2021 was riddled with sneak previews of a “review of competition policy tools with unprecedented scope and ambition”.

In the Didam judgment of 26 November 2021 (ECLI:NL:HR:2021:1778) the Supreme Court ruled that public authorities must sell land in a transparent manner that gives all interested parties the opportunity to bid.

The Litigation Chamber of the Belgian DPA confirms that, in the absence of an existing legal basis, it is not possible for an employer, in this case a hospital, to make the recruitment of a person conditional on the fact that he/she has been vaccinated.

Belgium finally published a law transposing the directive 2018/1972 of 11 December 2018 establishing the European Electronic Communications Code.

On 17 December 2021, the European Commission published its final version of the implementing decision on the adequate protection of personal data in the Republic of Korea.

On 24 December 2021, the Supreme Court ruled on the preliminary questions of the District Court of Limburg.