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Game over for dark patterns? ACM fines Epic for unfairly targeting children

The ACM has fined Epic Games for exploiting children’s psychological vulnerabilities, marking a key moment for Dutch consumer law enforcement. Our briefing examines the broader implications for consumer-facing businesses, especially those in online sales.

EFTA Court: end-use emissions must be assessed in an EIA before fossil fuel project approvals

The EFTA Court held that end-use emissions from oil and gas consumption are effects of extraction projects. Guan Schaiko and Sofie Ulrix analyse advisory opinion E-18/24 and the legal obligation to include Scope 3 emissions under the EIA Directive.

The gift that keeps on giving: Article 22 is here to stay

The European Commission will review a transaction thanks to Italy’s call-in powers. Even though the broad interpretation of Article 22 EUMR is off the table, deals that do not meet standard EU and national merger thresholds may still need to be notified.

No impairment of the EC’s impartiality: ECJ upholds Scania judgment

The ECJ upheld the Commission’s fine on Scania for participating in a cartel. The Commission’s impartiality is not necessarily impaired by having the Commission case team in charge of the settlement procedure also deal with the penalty decision.

EU Compass: Boosting competitiveness as North Star

Are ‘European champion’ companies walled off from unfair (foreign) competition the future? The European Commission recently presented its Competitiveness Compass to navigate the European Union to strengthened competitiveness.

You win some, you lose some: Google AdSense decision annulled

The General Court has annulled the EUR 1.49 billion fine imposed on Google. The Commission had failed to properly assess the allegedly abusive contractual clauses related to online advertising, including whether they actually had a lock-in effect.

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.

The project decision

The projectbesluit (project decision) is one of the six core instruments of the Omgevingswet (Environment and Planning Act). It is a new instrument. This post describes the main features of the project decision and how it is applied.

Ready, set, go! The Dutch national security screening FDI regime takes off

The Dutch Investments, Mergers and Acquisitions Security Screening Act (Wet veiligheidstoets investeringen, fusies en overnames – Vifo Act) entered into force on 1 June 2023.

Solace for companies seeking guidance on sustainability agreements

Now that the European Commission adopted the revised Horizontal Guidelines (HGs), including the new chapter on sustainability agreements, companies wishing to set up sustainability initiatives finally have more certainty on the applicable guidance.

The Ecodesign Regulation: new sustainability obligations for manufacturers

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.

Stibbe contributes to CFO Forum 2024

Marieke Driessen, Derk Lemstra and Rogier Raas participated in the CFO Forum - The Annual Meeting 2024, organised by our partner Transformation Forums, on 23 May 2024. You can read the insights of the meeting in the report.

Sense and sensibility in sustainability collaborations

The ACM’s push for companies to come forward for an antitrust blessing of their sustainability solutions is paying off. The ACM has again given informal guidance to companies wishing to make sustainability agreements.

Climate litigation and ‘fair share’: how fast should the government act to combat climate change?

In this article, Ali al Khatib and Tess Linders address climate litigation and what is known as the ‘fair share’ of governments.

Belgian Competition Authority opens first hybrid cartel proceedings

In the first hybrid cartel proceedings by the Belgian Competition Authority, the Prosecutor recently submitted a draft decision to condemn and impose a fine on pharmaceutical wholesaler CERP SA for allegedly participating in anticompetitive practices.

The new sustainability advertising code: lessons from one year of review by the advertising code committee

In the first year since the SAC came into force there have been 22 rulings by the ACC and the AT in which an advertisement has been tested against the SAC. This blog addresses the lessons that can be drawn from an analysis of these rulings.

Extended producer responsibility for textiles from 2025: what does this mean for textile producers in the Netherlands?

Sinds 1 juli 2023 is het Besluit uitgebreide producentenverantwoordelijkheid textiel in werking getreden.

Enforcement of open, sustainability-oriented CSDDD standards: lessons from administrative law

Tom Barkhuysen and Valérie van 't Lam wrote a preliminary opinion for the Koninklijke Vereeniging 'Handelsrecht' on how to enforce the CSDDD's open standards.

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