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Financial regulatory law update 2019

Several changes to Dutch financial regulatory laws entered into force in January and February 2019. In this article we provide a short summary of these changes.

Dutch chapter to Chambers Global Practice Guides Corporate Tax 2019

Stibbe contributes Dutch chapter to Chambers Global Practice Guides Corporate Tax 2019. This chapter was written by Michael Molenaars, Jeroen Smits, Reinout de Boer and Rogier van der Struijk. Besides providing you with an outline of Dutch corporate incom

The need for speed in mergers is no reason to ignore rights of defence

On 16 January 2019, the European Court of Justice clarified the procedural guarantees the European Commission needs to provide to merging parties during merger reviews.

Wouter den Hollander wins award for finest administrative law publication in 2018

On Friday 19 January 2019, Wouter den Hollander received the award for finest administrative law publication in 2018.

European Birds Directive: deviation schemes with varying success

Both the Belgian and French Councils of State have expressed their views on the application of Article 9 of the Birds Directive. This article allows for a scheme that deviates from the prohibition to disturb, hunt, or kill protected bird species.

Steven Hijink joins Dutch Accounting Standards Board

Steven Hijink has been appointed as one of ten members of the Dutch Accounting Standards Board (DASB), the executive body of the Dutch Council for Annual Reporting.

What is the Major Accidents (Risk) Decree 2015 and to which companies does it apply?

The Major Accidents (Risk) Decree 2015 (Besluit risico's zware ongevallen 2015) (Brzo) imposes far-reaching and immediate obligations on companies falling under its scope.

15 aspects of Brexit you did not know

A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario.

Walking the tightrope between data protection and EU investigations

Two recent publications confirm that it is possible for companies to cooperate with a European Commission investigation and still comply with the data protection rules.

Guess what, online branding restrictions are on the Commission's radar

Companies are probably aware of the Commission's eagerness to clamp down on online resale price maintenance and geo-blocking restrictions. The recent fine for vertical restraints by clothing company Guess marks a new dot on the Commission's radar.

Results of ISDA consultation on benchmark fallbacks now available

Results of ISDA consultation on benchmark fallbacks now available. As part of an initiative to amend its standard derivatives documentation to facilitate the replacement of existing interbank offered rates (IBORs) by new risk free rates (RFRs), the Intern

Pharmaceutical companies beware: excessive pricing enforcement is thriving

On 28 November 2018, the Organization for Economic Cooperation and Development (OECD) held a discussion on excessive pricing by pharmaceutical companies, which is a hot topic in enforcement practice throughout Europe.

A problem shared is a problem halved: fine reduction and fine liability are correlated

Companies should beware that when held jointly responsible for a cartel infringement, a fine reduction granted to one of them could affect the joint and several liability of fines allocated to the remaining companies.

Franchise argument in laundry cartel does not wash with Dutch court

Companies participating in a franchise agreement are advised to carefully assess possible competition law concerns, particularly if the franchisees are (potential) competitors.

Stibbe lawyers call on legislator to put civil procedure reforms on hold

In a publication in the Dutch Lawyers’ Journal (Nederlands Juristenblad) we call on the Dutch legislator to put on hold a series of recently proposed bills that would reform Dutch Civil Procedure.

Consumers and Sustainability: 2020 competition enforcement buzzwords

The ACM will include the effects of mergers on labour conditions in its review. It will also investigate excessive pricing of prescription drugs.

CDC/Kemira: Amsterdam Court of Appeal applies European principle of effectiveness to limitation periods

In a private enforcement case brought by CDC against Kemira, the Amsterdam Court of Appeal applies the European principle of effectiveness and rules that claims are not time-barred under Spanish, Finnish and Swedish law.

The ACM may cast the net wide in cartel investigations

Companies beware: the ACM may not need to specify the scope of its investigation into suspected cartel infringements in as much detail as expected.

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