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The Stibbe Annual Competition Update will take place on 24 January 2023

2023 will be the end game of the European Commission’s competition policy review. Shiny new competition policy tools for dealing with social, digital and vertical aspects as well as foreign investment issues are upcoming, ongoing or being finalised.

FSR zorgt voor nieuwe uitdagingen bij transacties en aanbestedingen

Op 12 januari van dit jaar trad de Foreign Subsidies Regulation (FSR) in werking, die per 12 oktober een meldplicht bij de Europese Commissie voor bepaalde transacties en aanbestedingen introduceert.

Dutch national security screening regime enters into force

The Dutch national security screening regime (Wet veiligheidstoets investeringen, fusies en overnames or Wet Vifo) enters into force today, 1 June.

Levelling the playing field in 2023: new tools and hurdles

While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent.

Fintech Outlook 2023

In their financial regulatory outlook, Roderik Vrolijk and Maarten Weekenborg look ahead to 2023 and give an overview of the main legislative and financial regulatory developments they expect in the fintech sector.

Forewarned is forearmed: RPM still top of mind

The clock is ticking for companies to set the record straight on resale price maintenance (RPM). Retailers must be able to determine their own retail prices without any direct or indirect meddling by suppliers.

The new Luxembourg FDI Screening Law

On 18 July 2023, the Luxembourg law of 14 July 2023 establishing a mechanism for the national screening of foreign direct investments likely to undermine security or public order has been published in the Official Journal of the Grand Duchy of Luxembourg.

The MiCa Regulation explained: What has changed since June 2024?

On 30 June 2024, the first set of measures of the MiCa Regulation (“Markets in Crypto-Assets”) came into effect. This article outlines the provisions of the MiCa Regulation that are already in force and their implications for the crypto-sphere.

Employers beware: the Commission joins the ‘labour party’

Companies should review their recruitment and hiring policies and practices. The Commission has joined the hunt for ‘job cartels’ with its first ever cartel in the labour market.

Mondelēz’s fine takes the biscuit: cross-border trade crusade peaks

The European Commission has fined Mondelēz EUR 337.5 million for restricting cross-border trade. Brand owners are advised to double-check their licensing and distribution systems, as well as their commercial conduct, for possible territorial restraints.

Meta fined for Facebook Marketplace’s Unfair Trading Conditions and Tying

Unfair trading conditions and tying are gaining traction as alleged abusive practices in the digital industry, as the European Commission fines Meta EUR 797.72 million for hindering competitors of Facebook Marketplace.

Settlement procedure and fine for vertical price fixing in Belgium

The Belgian Competition Authority imposed a fine of €490,112 on Le Creuset for vertical price fixing (also known as resale price maintenance).

Stibbe Luxembourg lawyers co-author the second edition of the SFDR Implementation Guide

Edouard d'Anterroches (Partner) and Nicolas Pradel (Senior Associate) co-authored the second edition of the Sustainable Finance Disclosure Regulation (SFDR) Implementation Guide published on 11 April 2023.

Informal views issued in agricultural industry and banana sector

The Belgian Competition Authority (BCA) informally accepted a commitment agreed by the partners of the Belgian Agro Food Chain Platform, limiting the possibility to contractually exclude the theory of change of circumstances.

Frequent ESG disclosure issues under the EU Sustainable Finance framework explained

ESMA publishes explanatory notes to various concepts under the Taxonomy Regulation, the Sustainable Finance Disclosure Regulation and the Benchmark Regulation.

Equity Capital Markets Insights Guide 2024

The Stibbe Equity Capital Markets (ECM) Insights Guide 2024 offers an overview of recent developments in the equity capital markets in the Netherlands, highlighting the key trends and legal developments.

Financial Regulation – Q2 2023 Update

Changes to Dutch financial regulations entered into force on or around 1 July, including notable amendments for holders of a qualifying holding in certain Dutch regulated financial institutions. We have listed the main changes in this publication.

Cross-border representative actions: publication of requirements for Dutch organisations seeking designation as ‘qualified entities’

By 26 December 2023 at the latest, EU Member States must publish a list of organisations that they have designated as ‘qualified entities’ (bevoegde instanties) for bringing cross-border representative actions within the EU on behalf of consumers.

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