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ACM’s 2021 enforcement focus: digital, green and COVID-19

The ACM’s list of 2021 focus areas is out. Whereas the digital economy and the energy transition are repeats from last year, the effects of the COVID-19 crisis is a new, although somewhat unsurprising, designated focal point.

Game over? Gaming companies fined for geo-blocking

The Commission’s cross-border sales crusade seems far from over. The EUR 7.8 million fine imposed on distribution platform owner Valve and five PC video games publishers for geo-blocking practices is the most recent notch in the Commission’s belt.

ECJ clarifies limits of antitrust limitation periods

Companies confronted with antitrust investigations and fines may find safeguard behind the rules governing limitation periods (often termed ‘statutes of limitation’). However, two preliminary rulings by the European Court of Justice (ECJ) show that those

Increasing control of data centre locations

Due to the impact of the booming data centre market, Dutch municipalities and provinces adopt data centre policies and umbrella zoning plans to regulate data centre locations.

Proposed Amendments to the Dutch Tax Treatment of Stock Option Plans

Recent efforts by the Dutch government to amend the tax treatment of stock option plans are examined by Charlotte Tolman and Michael Molenaars in this article in Tax Notes International.

Stibbe advises Mitiska REIM

Stibbe’s Real Estate Transaction Group advised Mitiska REIM with the acquisition of Woonboulevard Arnhem in the Netherlands.

Heleen Kersten nominated by Wolters Kluwer for appointment to Supervisory Board

We are pleased to announce that our partner Heleen Kersten has been nominated by Wolters Kluwer for appointment to its Supervisory Board. The nomination will be submitted to the Wolters Kluwer Annual General Meeting of Shareholders on April 21, 2022.

Court assesses threshold for substantiating cartel damage plausibility

On 23 June 2021, the Rotterdam District Court rendered two (final) judgments regarding damages claims following the European Commission’s decision on an alleged elevators cartel.

Amsterdam Court of Appeal rules on the applicable law to air freight cartel damages claims

On 6 July 2021, the Amsterdam Court of Appeal had to decide whether the pragmatic approach of the Amsterdam District Court, which had applied Dutch law to all air freight cartel damages claims, could be upheld.

CJEU clarifies jurisdiction for follow-on damage claims

The Court of Justice of the European Union recently further clarified which courts within the EU have jurisdiction to hear follow-on damage claims.

Netherlands FDI regime protecting national security is getting closer

On 30 June 2021, a legislative proposal introducing an investment screening on grounds of national security in the Netherlands was submitted to the House of Representatives.

ACM issues first excessive pricing fine in pharma

On 1 July 2021, the Dutch Authority for Consumers and Markets (ACM) imposed a fine of EUR 19.5 million on drug manufacturer Leadiant for excessive pricing of their orphan drug CDCA-Leadiant.

Horizontal cooperation: from the dark side to the light?

Recent enforcement action shows that companies involved in data sharing and data pooling or sustainability cooperation need to tread carefully.

Are your distribution contracts ready for the revised VBER?

On 9 July 2021, the Commission published its draft revised Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines.

Netherlands Chapter in The Corporate Tax 2022 guide

Michael Molenaars, Jeroen Smits, Reinout de Boer and Rogier van der Struijk contributed to The Corporate Tax 2022 guide in a chapter about the Netherlands.

Stibbe advised Mitiska REIM

Stibbe's Real Estate Transaction Group, led by Boris Cammelbeeck, has advised Mitiska REIM with the acquisition of Makado Beek retail center from Syntrus Achmea. Makado Beek is one of the largest retail centers in the Netherlands.

DNB to start investigations on compliance with sanction regulations

On 30 March 2022, the Dutch Central Bank (De Nederlandsche Bank, "DNB") announced that it will start investigations to determine whether financial institutions take sufficient measures to comply with sanction regulations. 

Game on for gatekeepers: Digital Markets Act finalised

Now that political agreement has been reached on the final text, the Digital Markets Act (DMA) will enter into force soon. The DMA’s ex ante rules and obligations will apply next to the ad hoc EU and national competition rules.

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