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The top five points for corporate borrowers to protect themselves against bank insolvency in Europe and elsewhere

Here are five steps that corporate borrowers can take to protect themselves against the fall-out of their financing banks’ insolvency.

EU Advocate General balances data protection rights against trade secrets in algorithmic credit scoring case

On 16 march 2023, Advocate General Pikamäe issued his opinion on the scope of data subject rights in the context of algorithmic credit scoring.

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.

ECJ in Towercast: plan C for tackling concentrations?

Companies beware: completed non-notifiable concentrations do not necessarily go scot-free. An ex post abuse-of-dominance investigation by national competition authorities (NCA) could still loom.

Guidelines vs Guidance: exclusionary abuse Guidelines due by 2025

The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance.

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.

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.

Proposal for a Directive to prevent misuse of shell entities (ATAD 3) and the amendments proposed by the European Parliament

In mid-January 2023, the European Parliament approved the European Commission’s draft directive to prevent misuse of shell entities for tax purposes (known as ATAD 3), as amended by its Committee on Economic and Monetary Affairs.

The impact of geopolitical developments on transactions: a tangled web of rules and hurdles

Where is the line between openness and protectionism in the European single market? At both EU and national level, more and more protective barriers against foreign investors and acquirers have been created in the international competition.

Artificial Intelligence Act: an update

On Thursday 11 May 2023, the Internal Market Committee and the Civil Liberties Committee of the European Parliament agreed to a draft negotiating mandate on the Artificial Intelligence Act (the AI Act).

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.

If at first you don’t succeed ... Court unblocks two blocked healthcare mergers

The ACM needs to ‘try, try again’ when assessing healthcare mergers. The Rotterdam District Court overturned two of the ACM’s healthcare merger prohibitions within less than two months.

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.

The Pandemic's Impact on Legal Work: A Comparative Analysis of Legal Frameworks, Practical Impacts and Innovation

Erik Valgaeren, Jan Joos and Thibau Duquin contributed to the article 'The Pandemic's Impact on Legal Work: A Comparative Analysis of Legal Frameworks, Practical Impacts and Innovation' published by the IBA Business Law International Journal.

ESG regulation: opportunities, more duties of care, increasing likelihood of liability

Companies are swamped by ESG – Environmental, Social and Governance – regulations. The underlying goal is, of course, worth pursuing: a transition to a sustainable world.

BEFIT and TP Directive

On 12 September 2023, the European Commission published a proposal for a Council Directive on Business in Europe: Framework for Income Taxation (BEFIT Directive).

The Sustainable Finance Package 2023

In this blog, we discuss the Sustainable Finance Package published by the European Commission in June 2023.

The vertical fight continues: two more cases on vertical restraints

Companies should not take competition rules lightly in their supply relationships. The EU General Court's Valve judgment and the ACM's LG decision illustrate the consistent attention to vertical restraints.

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