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Dutch Supreme Court rules that refurbishment of former woolen fabrics factory into retail center resulted in 'essentially new constructed real estate' for VAT purposes

On Friday 11 November 2022 the Dutch Supreme Court ruled that the refurbishment of a former woolen fabrics factory into a retail centre resulted in ‘essentially new constructed real estate’ (in wezen nieuwbouw) for Dutch VAT purposes.

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.

Dawn raid drama: bycatch and data rooms

Beware of the fine line in antitrust investigations between illegal fishing expeditions and accidental discoveries pointing at a separate antitrust infringement.

Lotte Paijmans

Junior Associate Amsterdam

EU Commission presents proposals for directives against shell entities and ensuring a global minimum level of taxation

On 22 December 2021 the European Commission (hereinafter: ‘EC’) presented two legislative proposals for EU directives, one to introduce a global minimum corporate tax rate and one to target EU shell entities. The key aspects of both proposals are discusse

Dominant firm may refuse to supply retailer after initial delivery

The Brussels Court of Appeal has held that a dominant producer firm may have valid reasons to refuse further supplies to a retailer, despite its dominance and despite previous deliveries.

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.

Amsterdam Court of Appeal rules on the applicable law to air freight cartel damages claims

On 6 July 2021, the Amsterdam Court of Appeal had to decide whether the pragmatic approach of the Amsterdam District Court, which had applied Dutch law to all air freight cartel damages claims, could be upheld.

CJEU clarifies jurisdiction for follow-on damage claims

The Court of Justice of the European Union recently further clarified which courts within the EU have jurisdiction to hear follow-on damage claims.

Court rules ACM can use accidental evidence found in dawn raids

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.

Sustainability solutions sussed out soon

More antitrust clarity has arrived for companies involved in sustainability collaborations. The EC published draft revised rules on horizontal cooperation agreements and the ACM informally approved two green initiatives in the energy sector.

Stibbe advises FL Entertainment

Stibbe advises FL Entertainment on its business combination with Pegasus Entrepreneurial Acquisition Company Europe B.V., a SPAC listed on Euronext Amsterdam.

C'est le ton qui fait la musique – The end of employer copyrights?

The CJEU decision in the National Orchestra of Belgium decision shakes up employer copyright in the Netherlands. With new consent and compensation requirements, are your employment contracts still airtight? Discover the implications of the decision here.

Dust off your dawn raid manuals: the heat is (back) on

Companies should brace themselves for multiple multi-jurisdictional dawn raids over the coming months.

Commission reveals first piece of antitrust sustainability puzzle

The European Commission has published a Policy Brief setting out its preliminary views on how to fit the European Green Deal’s sustainability goals into the EU competition rules.

Game over for dark patterns? ACM fines Epic for unfairly targeting children

The ACM has fined Epic Games for exploiting children’s psychological vulnerabilities, marking a key moment for Dutch consumer law enforcement. Our briefing examines the broader implications for consumer-facing businesses, especially those in online sales.

District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets

The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP.

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