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Wetsvoorstel Implementatiewet registratie uiteindelijk belanghebbenden van trusts en soortgelijke juridische constructies ingediend

Op 23 april 2021 is het wetsvoorstel Implementatiewet registratie uiteindelijk belanghebbenden van trusts en soortgelijke juridische constructies samen met de memorie van toelichting ingediend bij de Tweede Kamer.

Online platforms and uploading of protected works: a priori no liability for operators of online platforms

In a judgment dated 22 June 2021, the CJEU clarifies the liability framework of online platform operators when content protected by copyright is uploaded by platform users.

The European Climate Law explained

Co-legislators on the European Climate Law reached a provisional agreement on April 21, 2021. This Climate Law is one of the key elements of the European Green Deal, published by the European Commission in December 2019.

Foreign subsidies: another addition to the M&A checklist

Checking for merger control notification obligations and Foreign Direct Investment screening mechanisms will be on the list for most companies involved in M&A deals.

The Clean Air Agreement and industry: Dutch government aims to tighten emission requirements

On 26 March 2021, the implementation agenda for the Clean Air Agreement was presented to the House of Representatives. This marks the start of a process of concretizing the arrangements for emission reduction, as laid down in the Clean Air Agreement. 

Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine

Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure.

ECJ in Pometon: beware of too much info in staggered hybrid proceedings

In hybrid cartel proceedings (in which one party opts out of settlement), settlement decisions should not pre-judge the outcome of the Commission's investigation into non-settling parties.

Court bundles educational publishers merger off to ACM for reassessment

Digital mergers have steered competition authorities away from their usual mantra of structural over behavioural remedies. The Rotterdam District Court recently gave its blessing to the ACM’s remedies for securing access to a digital school platform.

Financial Regulatory – Update Q1 2021

Traditionally, 1 January (and 1 July) each year is a date on which new Dutch financial regulations enter into force. This year, the amendments to the Dutch Financial Supervision Act are relatively few, but other developments are worthy of attention.

Game over? Gaming companies fined for geo-blocking

The Commission’s cross-border sales crusade seems far from over. The EUR 7.8 million fine imposed on distribution platform owner Valve and five PC video games publishers for geo-blocking practices is the most recent notch in the Commission’s belt.

Sustainability solutions sussed out soon

More antitrust clarity has arrived for companies involved in sustainability collaborations. The EC published draft revised rules on horizontal cooperation agreements and the ACM informally approved two green initiatives in the energy sector.

Employers beware: final warning for “job cartels”

Only months after suspending an investigation into a possible wage-fixing cartel, the Dutch Authority for Consumers and Markets (ACM) has warned employers, employers’ organisations, and trade associations to not engage in no-poach agreements. 

Pfizer may be off the hook, but ACM pharma supervision continues

Pharma companies beware: discount schemes by former patent owners raise red flags at competition authorities.

Toetsing van aanvragen voor zonneparken in strijd met het beginsel van fair play

De gemeente Drimmelen moet opnieuw beslissen op vijf vergunningaanvragen voor de aanleg van zonneparken op diverse locaties in de gemeente.

Digital Law Up(to)date: The cookie consent framework of IAB Europe violates the GDPR

On 2 February 2022, the Belgian Data Protection Authority considered that the Transparency and Consent Framework (TCF) developed by Interactive Advertising Bureau Europe (IAB) violates the GDPR.

Second time lucky: Intel’s EUR 1.06 billion loyalty rebate fine quashed

Intel’s second round at the General Court was significantly more successful than its first. In the first round, the General Court had failed to analyse whether the loyalty rebates at issue were capable of restricting competition. In the second round, afte

Are you ready for the new Dutch and EU transactional hurdles?

Companies beware: new Dutch and EU transactional hurdles are coming closer. In the Netherlands, new national security investment screening rules are imminent.

Dutch Spring Memorandum, EU’s DEBRA Proposal and the 2021 Annual Report Advance Tax Rulings

On Friday 20 May 2022, the Dutch Ministry of Finance published the 2022 Spring Memorandum (Voorjaarsnota), including various proposed amendments that are relevant to international businesses, On 11 May 2022. the EU Commission issued a draft directive pro

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