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Stibbe Amsterdam appoints new board as per 1 January 2022

Stibbe Amsterdam has a new board as of 1 January. With the appointments of Hans Witteveen and Anna Collignon, Stibbe’s executive board now consists of Hans Witteveen (Managing Partner), Anna Collignon, Michael Molenaars and Cécile Schobben (COO).

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.

Dominant firm may refuse to supply retailer after initial delivery

The Brussels Court of Appeal has held that a dominant producer firm may have valid reasons to refuse further supplies to a retailer, despite its dominance and despite previous deliveries.

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.

Tackling Reverse-Hybrid and Entity Classification Mismatches In the Netherlands

This article, published in Tax Notes International, examines two recent Dutch proposals, which could have an immediate impact on Dutch and non-Dutch corporate taxpayers and existing national or international structures.

The response of the Dutch government to the G7 Tax initiative

On 14 June 2021 the Dutch State Secretary of Finance sent a letter to the Dutch Parliament setting out his view on (i) the political agreement reached by the G7 countries on global tax reform and (ii) the next meeting of the OECD/G20 Inclusive Framework.

Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS

A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance.

Stibbe advises Forum Estates

A team of Stibbe’s Real Estate Transaction Group in Amsterdam advised Belgian real estate fund Forum Estates with the acquisition of three grocery stores (4,300m2) in The Netherlands.

Public consultation on proposed amendment of Dutch classification rules for certain domestic and foreign legal entities

On 29 March 2021 the Dutch government has released a consultation document (the “Consultation Document”) containing a draft bill of law and explanatory memorandum to amend the Dutch classification rules for certain domestic and foreign legal entities.

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.

Financial Regulatory – Update Q1 2021

Traditionally, 1 January (and 1 July) each year is a date on which new Dutch financial regulations enter into force. This year, the amendments to the Dutch Financial Supervision Act are relatively few, but other developments are worthy of attention.

Consultation on ATAD 2 (reverse hybrids) and amendment arm’s-length principle in the Netherlands

As noted in our earlier Tax Alerts of March 2017 and July 2019, the EU Anti-Tax Avoidance Directive 2 ("ATAD 2") provides for minimum standards to neutralize hybrid mismatches and came into effect in the Netherlands as of 1 January 2020.

Enforcement of Schrems II: Council of State refuses unconditional illegality of transfers to the U.S.

A recent decision of the Belgian Council of State shines a first light on the enforcement of the Schrems II ruling of the European Court of Justice in Belgium.

The Netherlands' Budget Day 2021: the impact of the Dutch 2022 Tax Package on international businesses

On Tuesday 21 September 2021 (Budget Day; Prinsjesdag) the Dutch Ministry of Finance published the 2022 Tax Package (Belastingpakket) including the 2022 Tax Plan (Belastingplan).

Stibbe ‘Netherlands Tax Firm of the Year 2021’

For the fifth time, Stibbe has been named ‘Netherlands Tax Firm of the Year’ by International Tax Review.

Don’t get scammed, and don’t let scammers scam: the legal framework for mistaken payments clarified

"Bol.com mistakes scammers for Brabantia and pays €750,000" read headlines in The Netherlands in May 2021.

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