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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.

Killing three birds with one stone: Illumina wins Article 22 battle

The ECJ wrote the epilogue to the Illumina/Grail saga, overturning the EC’s novel ‘Article 22’ approach. It is now clear that the EC cannot accept referral requests to review transactions that fall below the thresholds of national merger control regimes.

Taking initiative: ACM catches transaction ahead of new powers

M&A transactions falling below the merger notification thresholds are not necessarily exempt from scrutiny. Companies should therefore carefully assess the potential competitive impact of their transactions, as the ACM has proven to be vigilant.

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.

Foreign investment developments in 2022

2022 marks the second year of the EU Foreign Direct Investment (FDI) Regulation, and the year in which legislators haven been busy shaping the Dutch national security screening regime and the EU Foreign Subsidies Regulation.

Competition law in 2024: putting theory into practice

2023 marked the near finale of the European Commission’s overhaul of its competition policy, leaving only a few loose ends to tie up in 2024/2025. It is now time to watch theory be put into practice by the competition authorities and at the courts.

Digital antitrust conduct: too elusive to catch?

The ink on the Digital Market Act has barely dried, but fast-evolving digital developments already have competition authorities calling for new tools. Is Big Tech not kept in check by the DMA, the antitrust rules and the EU Merger Regulation after all?

Listing Act: expanded prospectus exemptions

On 24 April 2024 the European Parliament adopted the EU Listing Act, a legislative package that includes changes to the Prospectus Regulation, the Market Abuse Regulation, MiFID II and MIFIR. In this article we discuss these expanded prospectus exemptions

The European Health Data Space (EHDS): new opportunities and obligations for healthcare institutions

The European Health Data Space (EHDS) will enter into force on 25 March 2025. The aim of the new European Regulation (EU) 2025/327 on the EHDS is to optimise the exchange of and access to health information within the EU.

The future of nuclear power in the Netherlands (part 2): Borssele preferred site for two new nuclear power plants

On 9 December 2022, Minister Jetten for Climate and Energy presented to the Second Chamber of the House of Representatives his further elaboration of the coalition agreement's intentions on nuclear energy.

CJEU confirms “right of explanation” in battle between trade secrets and algorithmic transparency

The CJEU's recent ruling emphasizes the GDPR's demand for algorithmic transparency in automated decisions, challenging companies to explain their logic. The decision also shows the difficulty of balancing such transparency with trade secret protection.

Stibbe represented OneSpan on its strategic investment in and partnership with ThreatFabric

Stibbe represented OneSpan, a global leader in digital identity and anti-fraud solutions, on its strategic investment in and partnership with ThreatFabric, a provider of proactive fraud detection and mobile threat intelligence solutions.

Including scope 3 emissions in environmental impact assessments used in public decision-making

In this blog post, we discuss the role that Scope 3 emissions can play in project permitting and environmental impact assessments. We do this in the light of a landmark decision by the UK Supreme Court on 20 June 2024.

Meer staatssteun voor groene industrie: het Clean Industrial State Aid Framework

De Europese industrie moet minder afhankelijk worden van fossiele brandstoffen. De Europese Commissie maakt daarom meer staatssteun mogelijk voor overgang naar een circulaire economie. Tom Barkhuysen, Ali al Khatib en Ramses Walon leggen uit hoe het zit.

The EU Artificial Intelligence Act: our 16 key takeaways

The AI Act is the first comprehensive AI regulation in the world. In this first episode of our Artificial Intelligence series, we have set out our initial key takeaways on the AI Act based on the text as currently approved by the Council of the EU.

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.

If you have nothing nice to say…Teva fined heavily for abusive conduct

Dominant pharma companies had better watch their words and use the patent system wisely. Pharma company Teva was fined EUR 462.6 million for disparagement and ‘divisional gaming’ to delay market entry and hinder the uptake of a competing drug.

Key takeaways from the Stibbe Tech Seminar

On Thursday, 13 November 2025, the Stibbe Tech Seminar took place, focusing on the latest developments in the European AI landscape. Topics included AI autonomy, regulatory trends and best practices for compliance strategies.

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