163 results 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. International legal obligations of States in respect of climate change The International Court of Justice has issued an advisory opinion on the climate change obligations of States. What obligations do countries have towards each other, and under what circumstances can they hold each other accountable? 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. Netherlands further locked in? Council of State limits internal netting of nitrogen emissions The Council of State has changed its case law on internal and external netting. This has major implications for activities involving nitrogen. In this blog Anna Collignon discusses the new case law. Climate case Milieudefensie et al. – The Hague District Court orders Shell to reduce CO2 emissions On May 26, 2021, the District Court of The Hague rendered its judgment in the case between Milieudefensie and others against Shell. Claims assigned to a litigation vehicle: who needs to prove what? Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit. Litigation and Arbitration Services & Experience Court of Appeal of The Hague rules on liability for antitrust follow on damages claims in the elevator sector In a judgment of 23 January 2024 (case no. 200.304.621 and 200.304.673), the Court of Appeal ruled that elevator manufacturer Kone can be held liable for damages alleged by 23 parties that combined their claims in a litigation vehicle. 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. Pagination Previous page Page 7 Page 8 Current page 9 Page 10 Next page
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.
International legal obligations of States in respect of climate change The International Court of Justice has issued an advisory opinion on the climate change obligations of States. What obligations do countries have towards each other, and under what circumstances can they hold each other accountable?
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.
Netherlands further locked in? Council of State limits internal netting of nitrogen emissions The Council of State has changed its case law on internal and external netting. This has major implications for activities involving nitrogen. In this blog Anna Collignon discusses the new case law.
Climate case Milieudefensie et al. – The Hague District Court orders Shell to reduce CO2 emissions On May 26, 2021, the District Court of The Hague rendered its judgment in the case between Milieudefensie and others against Shell.
Claims assigned to a litigation vehicle: who needs to prove what? Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit.
Court of Appeal of The Hague rules on liability for antitrust follow on damages claims in the elevator sector In a judgment of 23 January 2024 (case no. 200.304.621 and 200.304.673), the Court of Appeal ruled that elevator manufacturer Kone can be held liable for damages alleged by 23 parties that combined their claims in a litigation vehicle.
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.