1002 results ECJ in Unilever: commercial policy by dominant undertakings on thin ice Unilever shows the need to assess evidence on lack of anti-competitive effects in abuse cases and how liability can extend across different levels of the supply chain. Dominant undertakings had better think twice when imposing policy on distributors. 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. Belgian Competition Authority opens first hybrid cartel proceedings In the first hybrid cartel proceedings by the Belgian Competition Authority, the Prosecutor recently submitted a draft decision to condemn and impose a fine on pharmaceutical wholesaler CERP SA for allegedly participating in anticompetitive practices. The ACM’s priorities in 2023: the energy transition, digitalisation, and sustainability On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions. ECJ further shapes independent position of DPOs In a judgment of 9 February 2023 (C-453/21), the European Court of Justice has further shaped the rules surrounding the independence of a data protection officer (DPO), one of the cornerstones of the GDPR. Tax Controversy Update February 2023 This Tax Alert addresses certain recent developments concerning procedural tax law in the Netherlands. Belgian DPA rules on employee geographic tracking by public authorities On 21 February 2023, the litigation chamber of the Belgian data protection authority has ruled on the legitimacy of the geographic tracking of employees by a public authority. Three months after the UBO-case – Where do we stand and what’s next? This article looks at the aftermath of the UBO case invalidating the general access to UBO data, and looks at what lies ahead for companies and member states, and specifically at Belgium's recent regulatory action. ECHR starts substantive hearing of Dutch complaint over downing of flight MH17 The ECHR ruling concerns three complaints against Russia related to human rights violations in the Donbas (eastern Ukraine) since 2014, including the downing of flight MH17. The ECHR finds that the Netherlands' complaint about the downing of flight MH17 Draft bill published to exclude RETT concurrence exemption for share deals The Dutch government launched an online consultation on a draft bill to exclude the application of the RETT concurrence exemption as per 1 January 2024 in case of the acquisition of a share interest in companies owning newly developed real estate. The EU Green Bond Standard In the blog below, Jeroen van Eck of our Financial Markets team looks back on, and ahead to, the developments surrounding green bonds in the EU. 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. Remedies for breach of contract: what, when and how? Enforceable obligations are an important aspect of commercial interaction. Contracts provide for this need by proving the terms and conditions to which parties agreed. However, in reality a promise made is not necessarily a promise kept Proposed copyright tax reform feared to push investors abroad The controversial tax reform for income generated through copyright will have an enormous impact in various sectors such as IT. Amendments to the Further Regulation on the Supervision of the Conduct of Financial Undertakings Wft On 14 December 2022, the Netherlands Authority for the Financial Markets, published amendments to the Further Regulation on the Supervision of the Conduct of Financial Undertakings under the Financial Supervision Act. Revised Dutch Corporate Governance Code published The Dutch Corporate Governance Code Monitoring Committee (the Committee) adopted the revised Dutch Corporate Governance Code (the 2022 Code) on 20 December 2022. Het nieuwe verbintenissenrecht: aandachtspunten voor de vastgoed- en bouwpraktijk Op 1 januari 2023 treden boek 1 “algemene bepalingen” en boek 5 “verbintenissen” van het Burgerlijk Wetboek in werking. Dit artikel focust op een selectie van vernieuwingen die bijzondere relevantie hebben voor de vastgoed- en de bouwpraktijk. Brussels-Capital Region limits the indexation of retail leases as of 22 December 2022 On 21 December 2022, an ordinance regulating the limitation of the indexation of retail leases in the Brussels-Capital Region was published in the Belgian Official Gazette. Pagination Previous page Page 1 Current page 2 Page 3 Page 4 Next page
ECJ in Unilever: commercial policy by dominant undertakings on thin ice Unilever shows the need to assess evidence on lack of anti-competitive effects in abuse cases and how liability can extend across different levels of the supply chain. Dominant undertakings had better think twice when imposing policy on distributors.
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.
Belgian Competition Authority opens first hybrid cartel proceedings In the first hybrid cartel proceedings by the Belgian Competition Authority, the Prosecutor recently submitted a draft decision to condemn and impose a fine on pharmaceutical wholesaler CERP SA for allegedly participating in anticompetitive practices.
The ACM’s priorities in 2023: the energy transition, digitalisation, and sustainability On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions.
ECJ further shapes independent position of DPOs In a judgment of 9 February 2023 (C-453/21), the European Court of Justice has further shaped the rules surrounding the independence of a data protection officer (DPO), one of the cornerstones of the GDPR.
Tax Controversy Update February 2023 This Tax Alert addresses certain recent developments concerning procedural tax law in the Netherlands.
Belgian DPA rules on employee geographic tracking by public authorities On 21 February 2023, the litigation chamber of the Belgian data protection authority has ruled on the legitimacy of the geographic tracking of employees by a public authority.
Three months after the UBO-case – Where do we stand and what’s next? This article looks at the aftermath of the UBO case invalidating the general access to UBO data, and looks at what lies ahead for companies and member states, and specifically at Belgium's recent regulatory action.
ECHR starts substantive hearing of Dutch complaint over downing of flight MH17 The ECHR ruling concerns three complaints against Russia related to human rights violations in the Donbas (eastern Ukraine) since 2014, including the downing of flight MH17. The ECHR finds that the Netherlands' complaint about the downing of flight MH17
Draft bill published to exclude RETT concurrence exemption for share deals The Dutch government launched an online consultation on a draft bill to exclude the application of the RETT concurrence exemption as per 1 January 2024 in case of the acquisition of a share interest in companies owning newly developed real estate.
The EU Green Bond Standard In the blog below, Jeroen van Eck of our Financial Markets team looks back on, and ahead to, the developments surrounding green bonds in the EU.
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.
Remedies for breach of contract: what, when and how? Enforceable obligations are an important aspect of commercial interaction. Contracts provide for this need by proving the terms and conditions to which parties agreed. However, in reality a promise made is not necessarily a promise kept
Proposed copyright tax reform feared to push investors abroad The controversial tax reform for income generated through copyright will have an enormous impact in various sectors such as IT.
Amendments to the Further Regulation on the Supervision of the Conduct of Financial Undertakings Wft On 14 December 2022, the Netherlands Authority for the Financial Markets, published amendments to the Further Regulation on the Supervision of the Conduct of Financial Undertakings under the Financial Supervision Act.
Revised Dutch Corporate Governance Code published The Dutch Corporate Governance Code Monitoring Committee (the Committee) adopted the revised Dutch Corporate Governance Code (the 2022 Code) on 20 December 2022.
Het nieuwe verbintenissenrecht: aandachtspunten voor de vastgoed- en bouwpraktijk Op 1 januari 2023 treden boek 1 “algemene bepalingen” en boek 5 “verbintenissen” van het Burgerlijk Wetboek in werking. Dit artikel focust op een selectie van vernieuwingen die bijzondere relevantie hebben voor de vastgoed- en de bouwpraktijk.
Brussels-Capital Region limits the indexation of retail leases as of 22 December 2022 On 21 December 2022, an ordinance regulating the limitation of the indexation of retail leases in the Brussels-Capital Region was published in the Belgian Official Gazette.