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Package of new anti-money laundering rules adopted by European Council

On 30 of May 2024 the Council of the European Union adopted the Anti-Money Laundering and Anti-Terrorism Financing Package (the AML Package). The AML Package will have consequences for market parties.

Equity raises: prospectus exemptions and share issuance approvals

In this note we discuss the interplay between prospectus exemptions and share issuance authorisations of listed Dutch companies. Prospectus exemptions are expanded under the EU Listing Act, but will Dutch issuers be able to take full advantage?

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.

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.

Stibbe advises Abab and Alfa on merger

Stibbe has successfully assisted ‘ABAB Accountants’ and ‘Alfa Accountants en Adviseurs’ in their merger process.

ESMA guidance on pre-close calls with analysts

ESMA issued a statement on the practice of organising pre-close calls, where issuers share information with analysts immediately before a closed period. ESMA reiterates the legislative framework and identifies best practices for these calls.

Contractual clauses prohibiting the transferability or pledgeability of business claims could become void in the near future

We discuss a draft bill to declare contractual clauses limiting the transferability and/or pledgeability of claims in business relations void, and call upon the Dutch Senate to reconsider at least its applicability to existing contracts.

Corporate governance and directors' duties in the Netherlands: overview

A high-level overview of board composition and restrictions, directors' remuneration, management rules and authority, directors' duties and liabilities, transactions with directors and conflicts, and internal controls, accounts and audits.

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.

Gegevensbescherming: de bestuursrechtelijke aspecten van de AVG

Tom Barkhuysen, Janita Hofman, Minke Reijneveld en Steven Bastiaans (Boels Zanders) schreven samen de jaarlijkse NTB kroniek: de bestuursrechtelijke aspecten van de AVG.

Google Shopping: self-preferencing can be abusive

The European Court of Justice has confirmed that Google abused its dominance by favouring its own shopping comparison service and demoting competing ones. However, not all favouritism is doomed.

Introduction of the banking oath in Belgium

On January 15, the law introducing the banking oath and ethical rules in the banking sector was published in the Belgian Official Gazette.

Netherlands lags behind in implementing amended ETS Directive (Update 2 April 2024)

The ETS Directive was amended in May 2023. Member States had until 31 January 2023 to implement the provisions of the amended ETS Directive. The Netherlands failed to meet that implementation deadline.

District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets

The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP.

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.

Netherlands Chapter in The Legal 500: Mergers & Acquisitions laws and regulations

Heleen Kersten and Omar El Gachi contributed to The Legal 500: Mergers & Acquisitions laws and regulations in a Q&A chapter about the Netherlands.

Listing Act: Expanded exemptions for managers to trade during closed periods

In October 2024, the European Council adopted the EU Listing Act, a legislative package that includes changes to the Market Abuse Regulation. We discuss the expanded exemptions to the prohibition of PDMRs carrying out transactions during a closed period.

Third time lucky: Intel wins loyalty rebate battle at EU top court

The European Court of Justice has upheld the annulment of Intel’s EUR 1.06 billion fine for abuse of dominance. The judgment provides guidance on how to assess the anti-competitiveness of loyalty rebates.

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