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The ACM’s Green Deal: achieving sustainability via competition law?

The ACM has issued draft guidelines on the application of competition law to sustainability agreements.

Bill to simplify Dutch law of evidence: concerns remain

The Minister for Legal Protection recently submitted a legislative bill with the aim of simplifying Dutch law of evidence. The bill is intended to enhance truth finding and promote efficiency and effectiveness in civil proceedings.

Les baux pour les magasins pop-up bénéficient désormais d’une législation spécifique à Bruxelles

La Région bruxelloise a instauré un cadre législatif pour les baux commerciaux consentis pour une durée maximale d’un an et lève, ainsi, l’incertitude qui planait sur les commerces éphémères.

Abuse of economic dependence and unfair contract terms in B2B relations: ready for 2020?

Belgium adopted a new act prohibiting the abuse of economic dependence, the use of unfair contract terms and unfair market practices in B2B relationships.

Introduction of Sustainability Linked Loan Principles

Sustainable finance and green lending is on the rise as more and more borrowers and lenders recognise the potential benefits of green and sustainability linked loan products for their business.

Court applies Dutch law to all air freight cartel damages claims

On May 1, the Amsterdam District Court ruled in two judgments (1) and (2) that Dutch law applies to all follow-on damages claims resulting from the international air freight cartel, mainly citing practical considerations for its decision.

Still standing: annulled Commission decision remains in force for non-appellant

Steel producer Lucchini's claim for reimbursement of a EUR 14 million fine, on the basis that the decision was annulled on appeal from other parties, was recently rejected by the General Court.

Financial sector remains on the antitrust radar: the report on loan syndication is out

The European Commission recently published a report it had commissioned to examine the market dynamics and potential antitrust risks related to loan syndication.

European Court of Justice: principle against double jeopardy does not preclude dual fines

The European Court of Justice recently confirmed that a national competition authority can impose a single fine on a company for infringements of both national and EU competition law without violating the principle against double jeopardy.

If EU Damages Directive does not apply, national rules enable claimants to claim EU antitrust damages

The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages.

Commercial interest on overdue interest payments on a loan – uncertainty remains

If a person buys a car from a car dealer and fails to pay the purchase price on the agreed date, that person has to pay not only the purchase price but also statutory interest (Clause 6:119 DCC), unless otherwise agreed.

Transitional rules announced for certain Dutch tax acts in case of no deal Brexit

On 4 February 2019, the Dutch State Secretary of Finance sent a letter to the Dutch Parliament announcing transitional rules for Dutch taxes (other than customs legislation) if there will not be a Brexit withdrawal agreement (i.e. a no deal Brexit). The l

Daisy Nijkamp

Partner Amsterdam

Amended governance rules addressing third party funding for collective claim organizations

On 4 March 2019, an amended version of the Dutch "Claimcode" was published. The Claimcode is an instrument of self-regulation, created by parties who are active on the claims market.

General Court dismisses Canal+ appeal against pay-TV commitment decision

The General Court recently dismissed the appeal brought by Canal+ against the decision of the European Commission making the commitments of Paramount legally binding.

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

Brush up and avoid dawn raid drama - the clock is ticking

There is no time like the present for companies to give their staff an opportunity to brush up on their responsibilities so they know what to do during dawn raids.

Tax Alert: State Secretary of Finance announces main features of the revised Dutch tax ruling practice

In his letter of 22 November 2018 (the “Letter”), the Dutch State Secretary of Finance outlines the revised Dutch ruling practice for tax rulings with an international character (“international tax rulings”), aimed to become effective as from 1 July 2019.

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