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On 30 of May 2024 the Council of the European Union adopted the Anti-Money Laundering and Anti-Terrorism Financing Package (the AML Package). The AML Package will have consequences for market parties.

In this note we discuss the interplay between prospectus exemptions and share issuance authorisations of listed Dutch companies. Prospectus exemptions are expanded under the EU Listing Act, but will Dutch issuers be able to take full advantage?

Litigation against, for example journalists, NGOs, and human rights defenders could effectively silence them. To prevent this, the European Parliament and the Council of the European Union recently adopted the anti-SLAPP Directive.

ESMA issued a statement on the practice of organising pre-close calls, where issuers share information with analysts immediately before a closed period. ESMA reiterates the legislative framework and identifies best practices for these calls.

Na een lange periode van onderhandelen heeft de Europese Raad op 24 mei 2024 de Europese Corporate Sustainability Due Diligence Directive (“CSDDD”) formeel aangenomen.

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.

The Ecodesign Regulation entered into force on 18 July 2024. It forms the basis of the EU’s approach to sustainable and circular product design.

Op 18 juli 2024 is de Ecodesign Verordening in werking getreden. De wet vormt de basis van de Europese aanpak voor duurzaam en circulair productontwerp.

The European Court of Justice has confirmed that Google abused its dominance by favouring its own shopping comparison service and demoting competing ones. However, not all favouritism is doomed.

Veuillez trouver ici une sélection des récents développements juridiques belges et européens arrêtés au 31 décembre 2023.

Hier vindt u een selectie van recente Belgische en Europese juridische ontwikkelingen tot en met 31 december 2023.

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.

Although the text of the Foreign Subsidies Regulation is not aimed at specific countries, the European Commission’s initial enforcement actions appear to be targeting Chinese subsidies.

In October 2024, the European Council adopted the EU Listing Act, a legislative package that includes changes to the Market Abuse Regulation. We discuss the expanded exemptions to the prohibition of PDMRs carrying out transactions during a closed period.

The European Court of Justice has upheld the annulment of Intel’s EUR 1.06 billion fine for abuse of dominance. The judgment provides guidance on how to assess the anti-competitiveness of loyalty rebates.

The EU Listing Act, which includes updates to the Prospectus Regulation, Market Abuse Regulation, Markets in Financial Instruments Regulation, and to the Markets in Financial Instruments Directive, has been published on 14 November 2024.

The year 2024 has been notable for developments in ESG. Climate cases, impactful new laws and regulations, and geopolitical developments have shaped – or will largely shape – companies' choices. Stibbe has been a key contributor to the Chambers ESG Guide.

A recent report of the AFM underlines its focus on monitoring SFDR compliance, signals tightening enforcement action against those lagging behind, and highlights a new phase of supervisory attention for clear, accurate and reliable SFDR disclosures.