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Colour shifting risks: cartel fines for alleged indirect info exchange upheld

National courts upheld the approach by two national competition authorities towards indirect information exchange, lowering the standard of proof for collusion by competitors when receiving competitively sensitive information from a buyer (or supplier).

European Commission adopts merger simplification package to reduce red tape

The European Commission recently adopted a package to simplify its procedures for reviewing concentrations under the EU Merger regulation. Under the new rules, more cases can benefit from the simplified procedure.

2022: the big reveal of 2021’s competition law promises

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

Gun jumping: beware, the Commission will take action

The Commission has imposed interim measures on Illumina and GRAIL. These measures include the obligation to run GRAIL by independent management.

Back to the future – Commission publishes roadmap for green and digital challenges

The Commission’s Communication “A competition policy fit for new challenges” (the “Communication”) identifies key areas in which competition law and policy can support European efforts in dealing with the challenges of the green and digital transitions.

The New Dutch Conditional Withholding Tax And Hybrid Entities

Charlotte Tolman and Michael Molenaars explain the Netherlands’ conditional withholding tax regime, which applies to interest and royalty payments to low-tax jurisdictions and aims to curtail profit shifting, and its implications for hybrid entities.

Upward referral of killer acquisitions: enlightened or one-stop shop flop?

Companies involved in M&A deals falling below the EU and national notification thresholds need to think twice about their deal’s potential impact on competition from now on.

Abuse of economic dependence: lessons drawn from the first judgments

On 22 August 2020, the ban on abuse of economic dependence was implemented in Belgium. Now that almost a year has passed and the first judgments have been rendered, we assess what first lessons can be drawn from these judgments.

Combating Non-Arm’s-Length Transfer Pricing in the Netherlands

Charlotte Tolman and Michael Molenaars will contribute periodically to Tax Notes International magazine.

Over het delen van in te nemen standpunten en zienswijzen met de Belastingdienst

Reinout de Boer, Rogier van der Struijk en Mieke Lavreysen schreven over communicatie met de Belastingdienst en de eventuele gevolgen daarvan in het Weekblad fiscaal recht.

Tackling Reverse-Hybrid and Entity Classification Mismatches In the Netherlands

This article, published in Tax Notes International, examines two recent Dutch proposals, which could have an immediate impact on Dutch and non-Dutch corporate taxpayers and existing national or international structures.

Tax Controversy: Update July 2021

This Alert addresses certain recent developments concerning procedural tax law in the Netherlands. We will discuss some interesting developments with regard to the (revised) Dutch tax ruling practice as per 1 July 2019 and the Tax Ruling Annual Report.

Stibbe contributes to Chambers Tax Controversy 2021

Stibbe’s Tax team contributed to the Dutch chapter of the Chambers and Partners Tax Controversy 2021.

Foreign subsidies: another addition to the M&A checklist

Checking for merger control notification obligations and Foreign Direct Investment screening mechanisms will be on the list for most companies involved in M&A deals.

Jaarverslag 2020 Dienst Voorafgaande Beslissingen in Fiscale Zaken

Het Jaarverslag 2020 van de Dienst Voorafgaande Beslissingen in Fiscale Zaken is gepubliceerd. Ons team fiscaal recht vat in deze short read enkele belangrijke elementen uit het verslag voor u samen.

Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine

Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure.

Getting the Deal Through – Cartel Regulation 2021

Floris ten Have and Kaj Privé contributed to Getting the Deal Through – Cartel Regulation 2021. In their publication, Floris and Kaj discuss important issues that apply to cartel regulation in the Netherlands.

Stibbe tax team contributes to Chambers Global Practice Guides Corporate Tax 2021

A tax team of Stibbe has contributed the Dutch chapter of Chambers Global Practice Guides Corporate Tax 2021.

 

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