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Dutch Supreme Court rules that refurbishment of former woolen fabrics factory into retail center resulted in 'essentially new constructed real estate' for VAT purposes

On Friday 11 November 2022 the Dutch Supreme Court ruled that the refurbishment of a former woolen fabrics factory into a retail centre resulted in ‘essentially new constructed real estate’ (in wezen nieuwbouw) for Dutch VAT purposes.

The impact of geopolitical developments on transactions: a tangled web of rules and hurdles

Where is the line between openness and protectionism in the European single market? At both EU and national level, more and more protective barriers against foreign investors and acquirers have been created in the international competition.

Lessons learned from the Dutch Crisis and Recovery Act for an environmental plan

To gain timely experience with the possibilities of the ambient plan, the Crisis and Recovery Act (Crisis- en herstelwet) had the possibility of adopting a so-called zoning plan with broadened scope.

Developments in DMA land: EU tags Big Tech as first Gatekeepers

The European Commission has designated six Tech Giants (Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft) as gatekeepers for 22 core platform services under the Digital Markets Act (DMA).

Supreme Court clarifies rent reductions for catering and retail businesses during corona period

On 24 December 2021, the Supreme Court ruled on the preliminary questions of the District Court of Limburg.

Gun jumping: beware, the Commission will take action

The Commission has imposed interim measures on Illumina and GRAIL. These measures include the obligation to run GRAIL by independent management.

Back to the future – Commission publishes roadmap for green and digital challenges

The Commission’s Communication “A competition policy fit for new challenges” (the “Communication”) identifies key areas in which competition law and policy can support European efforts in dealing with the challenges of the green and digital transitions.

ECJ: private enforcement in aviation sector also a national court's game

Recently, the ECJ ruled that national courts dealing with private enforcement cases are competent to apply EU competition law to historical behaviour in the aviation sector.

Google Shopping: self-preferencing is a form of abuse of dominance

On 10 November 2021, the General Court (GC) almost entirely dismissed Google’s action against the European Commission’s Google Shopping decision.

The Sustainable Finance Package: a game changer in finance

Today’s publication of the Sustainable Finance Package will impact large corporates, as well as financial institutions, including asset managers, insurers and others.

Foreign subsidies: another addition to the M&A checklist

Checking for merger control notification obligations and Foreign Direct Investment screening mechanisms will be on the list for most companies involved in M&A deals.

Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine

Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure.

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.

Stibbe advises Forum Estates

Stibbe's Real Estate Transaction Group, led by Boris Cammelbeeck, has advised Belgian real estate fund Forum Estates on the acquisition of joint venture Winkelcentrum Maaswijk te Spijkenisse B.V.

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.

The new VBER is here! Time to update your distribution agreements

The new Vertical Block Exemption Regulation (VBER) entered into force on 1 June 2022. The new VBER is stricter on dual distribution and across-platform retail parity obligations than the old one, but is more lenient towards active sales and online sales r

ACM walks the walk: first-ever vertical price coordination fine

The Dutch Competition Authority (“ACM”) has claimed a first victim in its vertical restraints battle. Samsung Electronics was fined nearly EUR 40 million for having meddled in the online resale prices for televisions at seven retailers.

Commission reveals first piece of antitrust sustainability puzzle

The European Commission has published a Policy Brief setting out its preliminary views on how to fit the European Green Deal’s sustainability goals into the EU competition rules.

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