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Commission publishes PSD3 and PSR Proposal; a tightening of the regulation of payment services providers in the EU

On June 28, 2023, the European Commission published a set of new legislative proposals, including PSD3, aimed at ushering in the digital era for payments and the broader financial sector, with a particular focus on consumers.

Deep dive into forward deals: forward funding and forward commitment

This article discusses the main considerations when considering and structuring forward deals.

On the Board room agenda: ESG & sustainability risks and opportunities throughout the supply chain

When handled properly, ESG and sustainability create opportunities for companies in the real estate sector to make their business model future proof
and to benefit the bottom line. ESG has thus become an important driver for business considerations.

The Foreign Subsidies Regulation’s initial focus on China

Although the text of the Foreign Subsidies Regulation is not aimed at specific countries, the European Commission’s initial enforcement actions appear to be targeting Chinese subsidies.

Recent developments regarding Foreign Subsidies Regulation, Pillar Two and redemption of interest rate swaps

In this Tax Alert we briefly discuss three recent tax developments.

ESG disclosure in equity prospectuses: current state of affairs

In a world where ESG takes centre stage, equity prospectuses will need to include disclosure on all material ESG-related matters.

Killing three birds with one stone: Illumina wins Article 22 battle

The ECJ wrote the epilogue to the Illumina/Grail saga, overturning the EC’s novel ‘Article 22’ approach. It is now clear that the EC cannot accept referral requests to review transactions that fall below the thresholds of national merger control regimes.

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.

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.

The Foreign Subsidies Regulation – beware and get your data ready!

Earlier this year, the Foreign Subsidies Regulation (FSR) entered into force to close a loophole in EU regulations aimed at creating a level playing field within the internal market.

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.

More sustainability and more investments: what European industry can expect from the Clean Industrial Deal

The European Commission wants to make European industry more competitive with the Clean Industrial Deal. This strategy should help the industry. In this blog we will explain how and when this will happen.

The future of nuclear power in the Netherlands (part 2): Borssele preferred site for two new nuclear power plants

On 9 December 2022, Minister Jetten for Climate and Energy presented to the Second Chamber of the House of Representatives his further elaboration of the coalition agreement's intentions on nuclear energy.

Developments in Sustainable Finance: the role of the Sustainability Coordinator

The rise of sustainability-linked loans in the syndicated loan markets draws the attention to the role of the Sustainability Coordinator, which plays a key role in loan transactions.

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.

Repsol: Dutch parent company cannot simply be used as anchor defendant to create jurisdiction

Foreign entities are often sued in the Netherlands on the basis of the ‘anchor defendant’ construction.

The Climate and Energy Memorandum 2025 and the recommendations of the Advisory Division

The Advisory Division of the Council of State of the Netherlands is critical of the 2025 Climate and Energy Memorandum. The Netherlands is making little progress in achieving its climate targets for 2030. What recommendations does the Division make?

Including scope 3 emissions in environmental impact assessments used in public decision-making

In this blog post, we discuss the role that Scope 3 emissions can play in project permitting and environmental impact assessments. We do this in the light of a landmark decision by the UK Supreme Court on 20 June 2024.

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