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2022 marks the second year of the EU Foreign Direct Investment (FDI) Regulation, and the year in which legislators haven been busy shaping the Dutch national security screening regime and the EU Foreign Subsidies Regulation.

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.

Earlier this year, the Foreign Subsidies Regulation (FSR) entered into force to close a loophole in EU regulations aimed at creating a level playing field within the internal market.

On 14 July 2023, the Belgian Competition Authority confirmed its jurisdiction to review M&A transactions between hospitals, regardless of whether these hospitals belong to the same hospital network.

The ink on the Digital Market Act has barely dried, but fast-evolving digital developments already have competition authorities calling for new tools. Is Big Tech not kept in check by the DMA, the antitrust rules and the EU Merger Regulation after all?

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.

Dutch investment screening is rapidly expanding: since June, the proposal for a separate defence regime has been published and the intended expansion of the regime of the Vifo Act to include AI and biotech has been announced. Reason for a quick update!

While skimming through employees’ chat conversations and e-mails, it is not uncommon for competition authorities to stumble across other potential antitrust violations, separate from the initial scope of the search.

Suppliers and distributors should double-check their agreements. The European Court of Justice has provided guidance for the assessment of exclusive distribution agreements.

Op 4 juli 2023 heeft het Europees Hof van Justitie een arrest gewezen in de zaak C-252/21 (Meta e.a. tegen Bundeskartellamt). Meta Platforms Ireland (hierna: Meta) exploiteert onder meer het online sociale netwerk Facebook in de Europese Unie.

More businesses and organisations will have to strengthen their cybersecurity strategies, as the European legislator revised the NIS Directive. NIS 2 will impose stricter cybersecurity obligations on more organisations.

De Autoriteit Persoonsgegevens heeft de Sociale Verzekeringsbank een boete opgelegd van 150.000 euro vanwege de overtreding van artikel 32 AVG.

The European Health Data Space (EHDS) will enter into force on 25 March 2025. The aim of the new European Regulation (EU) 2025/327 on the EHDS is to optimise the exchange of and access to health information within the EU.

In onderstaande bijdrage in het Nederlands Juristenblad wordt door Nynke Brouwer en Minke Reijneveld het voorstel voor de Cyber Resilience Act (CRA) besproken.

The CJEU's recent ruling emphasizes the GDPR's demand for algorithmic transparency in automated decisions, challenging companies to explain their logic. The decision also shows the difficulty of balancing such transparency with trade secret protection.

The European Court of Justice has confirmed that the essential facilities test is limited to ‘pure’ access cases. Infringement of a regulatory access obligation must be assessed under the general framework for abuse of dominance.