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Data Privacy Day 2023: highlighting the most impactful ECJ judgments from the past year

In recent years, the ECJ has issued landmark judgments with far-yielding consequences for data controllers and data processors. To celebrate Data Privacy Day 2023, we highlighted the most impactful judgments of the ECJ from the past year.

ECJ in Unilever: commercial policy by dominant undertakings on thin ice

Unilever shows the need to assess evidence on lack of anti-competitive effects in abuse cases and how liability can extend across different levels of the supply chain. Dominant undertakings had better think twice when imposing policy on distributors.

Abuse: an access request you can’t refuse?

The European Court of Justice has confirmed that the essential facilities test is limited to ā€˜pure’ access cases. Infringement of a regulatory access obligation must be assessed under the general framework for abuse of dominance.

The ACM’s priorities in 2023: the energy transition, digitalisation, and sustainability

On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions.

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.

Competition law developments in 2022

While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent.

Key developments in sustainability claims in 2022

In 2022, the ACM and the European Commission put the spotlight on the accuracy of companies’ sustainability claims. Notably, the ACM published several market studies and adopted commitment decisions concerning allegedly misleading sustainability claims.

Levelling the playing field in 2023: new tools and hurdles

While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent.

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.

Europese Commissie consulteert Europese standaarden voor duurzaamheidsverslaggeving (ESRS)

Op vrijdag 9 juni 2023 heeft de Europese Commissie de finale concepten van de Europese standaarden voor duurzaamheidsverslaggeving (European Sustainability Reporting Standars, "ESRS") ter consultatie voorgelegd. De ESRS geven nadere invulling aan de Corpo

EU Artificial Intelligence Act and Generative AI – an update

In this blogpost, our TMT expert Thibau Duquin elaborates on the AI Act, the rules on generative AI such as ChatGPT, and the next steps.

Op naar hoe: de volgende stap in het AFM-toezicht op duurzaamheidsclaims

De Autoriteit Financiƫle Markten (AFM) maant financiƫle ondernemingen tot uitgebreidere, concretere en duidelijkere communicatie over duurzaamheid.

Financial Regulation – Q2 2023 Update

Changes to Dutch financial regulations entered into force on or around 1 July, including notable amendments for holders of a qualifying holding in certain Dutch regulated financial institutions. We have listed the main changes in this publication.

The revised Network and Information Security Directive: enhancing EU cybersecurity standards

More businesses and organisations will have to strengthen their cybersecurity strategies, as the European legislator revised the NIS Directive. NIS 2 will impose stricter cybersecurity obligations on more organisations.

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.

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.

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