386 results First trip around the sun: FSR – one year in review The Foreign Subsidies Regulation has celebrated one year of its application. Time for companies to take stock of the lessons learnt from key developments of this first year. However, ambiguities remain and more is yet to come. Watch this space! To Prove or Presume? The EC’s Draft Guidelines on exclusionary abuses The Commission recently published its Draft Guidelines on Exclusionary Abuses of Dominance, which are meant to reflect the EU case law. However, they seem to deviate on important aspects, arguably simplifying the assessment for establishing an abuse. 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. The Ecodesign Regulation: new sustainability obligations for manufacturers The Ecodesign Regulation entered into force on 18 July 2024. It forms the basis of the EU’s approach to sustainable and circular product design. Take aways Stibbe ESG & Sustainability Conference 2024 The Stibbe ESG & Sustainability Conference took place on 25 June. The take aways on the two main topics Greenwashing vs. Greenbleaching and Climate Litigation can be found in a freely accessible one-pager. Take aways Stibbe ESG & Sustainability Congres 2024 Op 25 juni vond het Stibbe ESG & Sustainability Congres plaats. De take aways van de twee hoofdonderwerpen Greenwashing vs. Greenbleaching en Climate Litigation zijn te vinden in een vrij toegankelijke onepager. Mayday, Mayday: Pay day! The Commission’s fight to avoid paying interest to Deutsche Telekom is over. The ECJ upheld the right of companies to receive interest on unduly collected antitrust fines, carrying a hefty price tag for the Commission. The ECJ’s ruling in Servier: Never Settle For Less Patent settlement agreements between originator pharmaceutical companies and generics manufacturers are a risky business. Originator medicine company Servier and five generic companies rolled the dice and the ECJ largely confirmed their antitrust fines. Listing Act: Inside information disclosure in a protracted process In April 2024, the European Parliament adopted the EU Listing Act. We discuss the removal of the obligation to immediately disclose an intermediate step in a protracted process that constitutes inside information under the Market Abuse Regulation. Tom Verdonk co-edited ‘Unfair Trading Practices in the Agricultural and Food Supply Chain’ Tom Verdonk has co-edited the book ‘Unfair Trading Practices in the Agricultural and Food Supply Chain’, recently published by Larcier-Intersentia. Actualiteiten Corporate Governance Code De Minister van Financiën heeft op 1 maart 2024 positief gereageerd op het voorstel voor een Verklaring Omtrent Risicobeheersing. Listing Act: expanded prospectus exemptions On 24 April 2024 the European Parliament adopted the EU Listing Act, a legislative package that includes changes to the Prospectus Regulation, the Market Abuse Regulation, MiFID II and MIFIR. In this article we discuss these expanded prospectus exemptions 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? Greenwashing in the EU financial markets: sustainable finance status update The European financial markets feature numerous financial products with characteristics such as ‘green’, ‘ESG’, ‘sustainable’, ‘climate’, ‘transition’, ‘impact’ or similar. But when is it fair to name or label financial products as such? The anti-SLAPP Directive has legal effect Litigation against, for example journalists, NGOs, and human rights defenders could effectively silence them. To prevent this, the European Parliament and the Council of the European Union recently adopted the anti-SLAPP Directive. 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. De Corporate Sustainability Due Diligence Directive (CSDDD) is definitief aangenomen Na een lange periode van onderhandelen heeft de Europese Raad op 24 mei 2024 de Europese Corporate Sustainability Due Diligence Directive (“CSDDD”) formeel aangenomen. Pagination Previous page Page 4 Current page 5 Page 6 Page 7 Next page
First trip around the sun: FSR – one year in review The Foreign Subsidies Regulation has celebrated one year of its application. Time for companies to take stock of the lessons learnt from key developments of this first year. However, ambiguities remain and more is yet to come. Watch this space!
To Prove or Presume? The EC’s Draft Guidelines on exclusionary abuses The Commission recently published its Draft Guidelines on Exclusionary Abuses of Dominance, which are meant to reflect the EU case law. However, they seem to deviate on important aspects, arguably simplifying the assessment for establishing an abuse.
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.
The Ecodesign Regulation: new sustainability obligations for manufacturers The Ecodesign Regulation entered into force on 18 July 2024. It forms the basis of the EU’s approach to sustainable and circular product design.
Take aways Stibbe ESG & Sustainability Conference 2024 The Stibbe ESG & Sustainability Conference took place on 25 June. The take aways on the two main topics Greenwashing vs. Greenbleaching and Climate Litigation can be found in a freely accessible one-pager.
Take aways Stibbe ESG & Sustainability Congres 2024 Op 25 juni vond het Stibbe ESG & Sustainability Congres plaats. De take aways van de twee hoofdonderwerpen Greenwashing vs. Greenbleaching en Climate Litigation zijn te vinden in een vrij toegankelijke onepager.
Mayday, Mayday: Pay day! The Commission’s fight to avoid paying interest to Deutsche Telekom is over. The ECJ upheld the right of companies to receive interest on unduly collected antitrust fines, carrying a hefty price tag for the Commission.
The ECJ’s ruling in Servier: Never Settle For Less Patent settlement agreements between originator pharmaceutical companies and generics manufacturers are a risky business. Originator medicine company Servier and five generic companies rolled the dice and the ECJ largely confirmed their antitrust fines.
Listing Act: Inside information disclosure in a protracted process In April 2024, the European Parliament adopted the EU Listing Act. We discuss the removal of the obligation to immediately disclose an intermediate step in a protracted process that constitutes inside information under the Market Abuse Regulation.
Tom Verdonk co-edited ‘Unfair Trading Practices in the Agricultural and Food Supply Chain’ Tom Verdonk has co-edited the book ‘Unfair Trading Practices in the Agricultural and Food Supply Chain’, recently published by Larcier-Intersentia.
Actualiteiten Corporate Governance Code De Minister van Financiën heeft op 1 maart 2024 positief gereageerd op het voorstel voor een Verklaring Omtrent Risicobeheersing.
Listing Act: expanded prospectus exemptions On 24 April 2024 the European Parliament adopted the EU Listing Act, a legislative package that includes changes to the Prospectus Regulation, the Market Abuse Regulation, MiFID II and MIFIR. In this article we discuss these expanded prospectus exemptions
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?
Greenwashing in the EU financial markets: sustainable finance status update The European financial markets feature numerous financial products with characteristics such as ‘green’, ‘ESG’, ‘sustainable’, ‘climate’, ‘transition’, ‘impact’ or similar. But when is it fair to name or label financial products as such?
The anti-SLAPP Directive has legal effect Litigation against, for example journalists, NGOs, and human rights defenders could effectively silence them. To prevent this, the European Parliament and the Council of the European Union recently adopted the anti-SLAPP Directive.
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.
De Corporate Sustainability Due Diligence Directive (CSDDD) is definitief aangenomen Na een lange periode van onderhandelen heeft de Europese Raad op 24 mei 2024 de Europese Corporate Sustainability Due Diligence Directive (“CSDDD”) formeel aangenomen.