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Key markers on the Dutch Tax roadmap for 2023

In the latest installment of Tax Notes International, Charlotte Tolman and Michael Molenaars discuss major Dutch tax plans and developments expected for 2023 and how they may affect international business.

French supermarket dawn raids down the drain

On 9 March 2023, the European Court of Justice (ECJ) ruled that the European Commission should properly record interviews if they are used to gather information regarding the subject matter of the investigation.

Roxane Lauwereins

Senior Associate Brussels

Stibbe Bruxelles nomme cinq nouveaux Counsels

Stibbe à Bruxelles a nommé Bastiaan Schelstraete (Environment & Planning), Stefanie François (Environment & Planning), David Verwaerde (Dispute Resolution), Lizelotte De Maeyer (Tax) et Pieter-Jan Leemen (Banking & Finance) en tant que Counsel.

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”.

Europese Commissie herziet en verruimt een belangrijk staatssteunkader: consultatie wijzigingen AGVV geopend tot 8 december 2021

De Europese Commissie zet in op meer staatssteun voor innovatieve ondernemingen en duurzaamheid. Dit blijkt uit de voorgestelde wijziging van de Algemene groepsvrijstellingsverordening waarover tot 8 december a.s. een consultatie loopt.

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.

The response of the Dutch government to the G7 Tax initiative

On 14 June 2021 the Dutch State Secretary of Finance sent a letter to the Dutch Parliament setting out his view on (i) the political agreement reached by the G7 countries on global tax reform and (ii) the next meeting of the OECD/G20 Inclusive Framework.

Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS

A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance.

Public consultation on proposed amendment of Dutch classification rules for certain domestic and foreign legal entities

On 29 March 2021 the Dutch government has released a consultation document (the “Consultation Document”) containing a draft bill of law and explanatory memorandum to amend the Dutch classification rules for certain domestic and foreign legal entities.

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.

Consultation on ATAD 2 (reverse hybrids) and amendment arm’s-length principle in the Netherlands

As noted in our earlier Tax Alerts of March 2017 and July 2019, the EU Anti-Tax Avoidance Directive 2 ("ATAD 2") provides for minimum standards to neutralize hybrid mismatches and came into effect in the Netherlands as of 1 January 2020.

The Netherlands' Budget Day 2021: the impact of the Dutch 2022 Tax Package on international businesses

On Tuesday 21 September 2021 (Budget Day; Prinsjesdag) the Dutch Ministry of Finance published the 2022 Tax Package (Belastingpakket) including the 2022 Tax Plan (Belastingplan).

OECD issues updated guidance on the impact of the COVID-19 crisis on tax treaties

As noted in our Short Read of 7 April 2020, the Organisation for Economic Cooperation and Development (“OECD”) Secretariat issued preliminary guidance on several tax issues arising from the COVID-19 pandemic on 3 April 2020 (the “April Guidance”).

ACM issues first excessive pricing fine in pharma

On 1 July 2021, the Dutch Authority for Consumers and Markets (ACM) imposed a fine of EUR 19.5 million on drug manufacturer Leadiant for excessive pricing of their orphan drug CDCA-Leadiant.

Game on for gatekeepers: Digital Markets Act finalised

Now that political agreement has been reached on the final text, the Digital Markets Act (DMA) will enter into force soon. The DMA’s ex ante rules and obligations will apply next to the ad hoc EU and national competition rules.

ACM jumps on gun-jumping bandwagon

Companies involved in multi-step acquisitions should beware of potential gun-jumping risks. The ACM has fined a trade association for failing to notify the acquisition of four pharmacies involving a consecutive partial resale.

Private Equity in the Netherlands: Tax Update 2022

In today’s rapidly changing tax environment, it is important to be aware of all relevant tax developments. In the past months, several new tax rules have been implemented or announced.

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