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Taking initiative: ACM catches transaction ahead of new powers

M&A transactions falling below the merger notification thresholds are not necessarily exempt from scrutiny. Companies should therefore carefully assess the potential competitive impact of their transactions, as the ACM has proven to be vigilant.

Happy first anniversary! One year of the Vifo Act: an update

On the first of June, the Dutch national security investment screening regime (the Vifo Act) celebrated its first anniversary. Time to take stock of key findings and forthcoming developments.

Competition law in 2024: putting theory into practice

2023 marked the near finale of the European Commission’s overhaul of its competition policy, leaving only a few loose ends to tie up in 2024/2025. It is now time to watch theory be put into practice by the competition authorities and at the courts.

Digital antitrust conduct: too elusive to catch?

The ink on the Digital Market Act has barely dried, but fast-evolving digital developments already have competition authorities calling for new tools. Is Big Tech not kept in check by the DMA, the antitrust rules and the EU Merger Regulation after all?

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.

Abuse: an access request you can’t refuse?

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

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Cross-border gathering of evidence requires cross-border protection of legal professional privilege

On August 18, 2026, a European Regulation will enter into force that deals with the cross-border obtaining of electronic evidence in criminal cases (E-evidence Regulation).

European Commission’s infringement procedure against the Netherlands: review and evaluation of water permits required under the WFD

This blog addresses the European Commission's infringement procedure against the Netherlands regarding the evaluation of water licences under the Water Framework Directive, the Dutch legislature's approach and the consequences for issued permits.

DNB and AFM Joint Report on digital dependence in the financial sector

On 20 October 2025, the Dutch Central Bank and the Dutch Authority for the Financial Markets published a joint report on the current state of financial sector’s dependence on non-European IT Infrastructure.

Digital operational resilience as key priority for financial institutions

Financial institutions and third party ICT providers will have to strengthen their IT security organisations, as the European Digital Operational Resilience Act is expected to be fully applicable in early 2025 after a two-year implementation period.

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