106 results Guidelines vs Guidance: exclusionary abuse Guidelines due by 2025 The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance. 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. 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. Stibbe Brussels reinforces Public Law and EU/Competition Law practices with two Counsel appointments Stibbe Brussels has promoted Sophie Adriaenssen to Counsel in its Public Law practice group and has welcomed Quentin Declève as Counsel in its EU/Competition Law practice. The appointments are effective as per 1 January 2023. 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. Levelling the playing field in 2023: new tools and hurdles 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. 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. Relevant amendments regarding the environmental permit For the environmental permit under the Omgevingswet (Environment and Planning Act), many things will change compared to the old legislation. In this blog, we address a number of important changes. The expansion of the ETS to include buildings, road transport and maritime transport: the bill to implement the amended ETS Directive The bill to implement the changes to the European Emission Trading System (ETS) has been submitted to the Lower House. The bill envisages three major changes. Construction activities under the Environment and Planning Act The nature of the permit system for construction activities will change significantly when the Environment and Planning Act (the “Act”) enters into force on 1 January 2024. Building quality assurance under the Environment and Planning Act With the entry into force of the Environment Act ("Ow") on 1 January 2024, a new system of quality assurance will take effect in stages. In this blog post, we discuss the public law part of this new quality assurance system. Een ecologische quickscan zorgt voor vertraging. Is een soortenmanagement plan en een gebiedsomgevingsvergunning de oplossing? Er is veel aandacht voor de “spouwmuurisolatie”-uitspraak van de Afdeling bestuursrechtspraak van de Raad van State (de “Afdeling”) van 2 augustus 2023. Commission steers market definition to the 21st century Companies have a new and improved tool for the competitive assessment of their conduct and intended acquisitions. The European Commission has updated its guidance on how to define relevant markets for the purpose of EU competition law enforcement. FDI screening guidance: shedding some light in the darkness The Dutch general investment screening regime came into effect in June 2023. Decisions are not yet publicly available. However, three guidance papers list the practical experience gained so far and help to assess whether a transaction is notifiable. Participatie onder de Omgevingswet Onder de Omgevingswet wordt ingezet op meer vroegtijdige participatie. Toch blijft de inspraakprocedure van afdeling 3.4 Awb (uitgebreide openbare voorbereidingsprocedure (uov)) de belangrijkste en meest uitgewerkte bron van participatie. External safety under the Environment and Planning Act External safety plays a role under the Environment and Planning Act in the drafting of environmental plans and the granting of environmental permits. Compared to the former environmental law regime, some important changes are taking place. CBAM: current and future obligations for importers of certain carbon-intensive goods The Carbon Border Adjustment Mechanism (CBAM) came into force on 1 October 2023. Importers of certain carbon-intensive goods have to report on emissions released during the production of those goods. Preventing environmental damage through sustainable cooperation Following the EC’s Horizontal Guidelines, the ACM and CMA have also published updated guidance on sustainability agreements. The approaches adopted by the three authorities are largely similar, but leave room for divergent assessments in some respects. Pagination Current page 1 Page 2 Page 3 Page 4 Next page
Guidelines vs Guidance: exclusionary abuse Guidelines due by 2025 The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance.
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.
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.
Stibbe Brussels reinforces Public Law and EU/Competition Law practices with two Counsel appointments Stibbe Brussels has promoted Sophie Adriaenssen to Counsel in its Public Law practice group and has welcomed Quentin Declève as Counsel in its EU/Competition Law practice. The appointments are effective as per 1 January 2023.
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.
Levelling the playing field in 2023: new tools and hurdles 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.
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.
Relevant amendments regarding the environmental permit For the environmental permit under the Omgevingswet (Environment and Planning Act), many things will change compared to the old legislation. In this blog, we address a number of important changes.
The expansion of the ETS to include buildings, road transport and maritime transport: the bill to implement the amended ETS Directive The bill to implement the changes to the European Emission Trading System (ETS) has been submitted to the Lower House. The bill envisages three major changes.
Construction activities under the Environment and Planning Act The nature of the permit system for construction activities will change significantly when the Environment and Planning Act (the “Act”) enters into force on 1 January 2024.
Building quality assurance under the Environment and Planning Act With the entry into force of the Environment Act ("Ow") on 1 January 2024, a new system of quality assurance will take effect in stages. In this blog post, we discuss the public law part of this new quality assurance system.
Een ecologische quickscan zorgt voor vertraging. Is een soortenmanagement plan en een gebiedsomgevingsvergunning de oplossing? Er is veel aandacht voor de “spouwmuurisolatie”-uitspraak van de Afdeling bestuursrechtspraak van de Raad van State (de “Afdeling”) van 2 augustus 2023.
Commission steers market definition to the 21st century Companies have a new and improved tool for the competitive assessment of their conduct and intended acquisitions. The European Commission has updated its guidance on how to define relevant markets for the purpose of EU competition law enforcement.
FDI screening guidance: shedding some light in the darkness The Dutch general investment screening regime came into effect in June 2023. Decisions are not yet publicly available. However, three guidance papers list the practical experience gained so far and help to assess whether a transaction is notifiable.
Participatie onder de Omgevingswet Onder de Omgevingswet wordt ingezet op meer vroegtijdige participatie. Toch blijft de inspraakprocedure van afdeling 3.4 Awb (uitgebreide openbare voorbereidingsprocedure (uov)) de belangrijkste en meest uitgewerkte bron van participatie.
External safety under the Environment and Planning Act External safety plays a role under the Environment and Planning Act in the drafting of environmental plans and the granting of environmental permits. Compared to the former environmental law regime, some important changes are taking place.
CBAM: current and future obligations for importers of certain carbon-intensive goods The Carbon Border Adjustment Mechanism (CBAM) came into force on 1 October 2023. Importers of certain carbon-intensive goods have to report on emissions released during the production of those goods.
Preventing environmental damage through sustainable cooperation Following the EC’s Horizontal Guidelines, the ACM and CMA have also published updated guidance on sustainability agreements. The approaches adopted by the three authorities are largely similar, but leave room for divergent assessments in some respects.