296 results EU Member States reach agreement on Pillar Two The Council of the EU announced on 12 December 2022 that the EU Member States had unanimously reached agreement on the directive on the implementation of Pillar Two. It formally adopted the directive three days later. 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. 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. 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. Consultation on draft technical standards under MiCAR The MiCAR aims to create a broad EU regulatory framework for the issuance of, intermediating and dealing in, crypto assets. MiCAR entered into force in June 2023. Both ESMA and EBA published consultation papers including draft technical standards. Not so fast - General Court clarifies merger control test There is no magical number when it comes to “4-to-3” telecom mergers. On 28/5/2020, the EU’s General Court handed down a landmark judgment annulling a 2016 decision of the European Commission blocking the merger between O2 UK and Three. 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 capital markets: multiple-vote share structures The European Commission put forth a proposal for a directive on multiple-vote share structures. In this blog, we discuss the use of multiple-vote share structures in the EU and the Netherlands and provide insights into the proposed directive. 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”. Publication of François Bernard's doctoral thesis on the challenges of cross-border divisions within the EU We're proud to announce that the doctoral thesis of François Bernard (corporate law lawyer at our Luxembourg office) has been published by Larcier. The publication covers the challenges of cross-border divisions within the European Union. European Strategy for Data: Analysis of the proposed regulation of data governance On 25 November 2020, the European Commission published a proposal for a regulation on data governance and a related Q&A. On 1 October 2021, the Council of the European Union agreed position on the Data Governance Act. Brexit and Private International Law (Part 2 of 2) This second of two blogs discusses the enforcement of UK court judgments in the Netherlands and applicable law. It also gives a brief overview of other EU PIL instruments that have ceased to apply to the UK from 1 January 2021. Brexit and Private International Law (Part 1 of 2) Since 1 January 2021, EU regulations simplifying cross-border litigation no longer apply in relation to the UK and – in most cases – to parties based in the UK. European Commission clarifies SFDR Level 1 Requirements On 6 July 2021, the European Commission adopted the much-awaited decision C(2021) 4858 final which provides very useful answers to the questions raised by the European Supervisory Authorities on priority issues relating to the application of the SFDR. 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. 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. Triple-check merger info to prevent costly fines – or worse Companies should check their merger information for accuracy, truthfulness and completeness before handing it over to the European Commission. Pagination Current page 1 Page 2 Page 3 Page 4 Next page
EU Member States reach agreement on Pillar Two The Council of the EU announced on 12 December 2022 that the EU Member States had unanimously reached agreement on the directive on the implementation of Pillar Two. It formally adopted the directive three days later.
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.
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.
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.
Consultation on draft technical standards under MiCAR The MiCAR aims to create a broad EU regulatory framework for the issuance of, intermediating and dealing in, crypto assets. MiCAR entered into force in June 2023. Both ESMA and EBA published consultation papers including draft technical standards.
Not so fast - General Court clarifies merger control test There is no magical number when it comes to “4-to-3” telecom mergers. On 28/5/2020, the EU’s General Court handed down a landmark judgment annulling a 2016 decision of the European Commission blocking the merger between O2 UK and Three.
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 capital markets: multiple-vote share structures The European Commission put forth a proposal for a directive on multiple-vote share structures. In this blog, we discuss the use of multiple-vote share structures in the EU and the Netherlands and provide insights into the proposed directive.
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”.
Publication of François Bernard's doctoral thesis on the challenges of cross-border divisions within the EU We're proud to announce that the doctoral thesis of François Bernard (corporate law lawyer at our Luxembourg office) has been published by Larcier. The publication covers the challenges of cross-border divisions within the European Union.
European Strategy for Data: Analysis of the proposed regulation of data governance On 25 November 2020, the European Commission published a proposal for a regulation on data governance and a related Q&A. On 1 October 2021, the Council of the European Union agreed position on the Data Governance Act.
Brexit and Private International Law (Part 2 of 2) This second of two blogs discusses the enforcement of UK court judgments in the Netherlands and applicable law. It also gives a brief overview of other EU PIL instruments that have ceased to apply to the UK from 1 January 2021.
Brexit and Private International Law (Part 1 of 2) Since 1 January 2021, EU regulations simplifying cross-border litigation no longer apply in relation to the UK and – in most cases – to parties based in the UK.
European Commission clarifies SFDR Level 1 Requirements On 6 July 2021, the European Commission adopted the much-awaited decision C(2021) 4858 final which provides very useful answers to the questions raised by the European Supervisory Authorities on priority issues relating to the application of the SFDR.
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.
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.
Triple-check merger info to prevent costly fines – or worse Companies should check their merger information for accuracy, truthfulness and completeness before handing it over to the European Commission.