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In this issue of Tax Notes International, Ashley Peeters and Michael Molenaars discuss recent Dutch tax developments that are relevant to mergers and acquisitions transactions with a Dutch component.

In this issue of Tax Notes International, Ashley Peeters and Michael Molenaars examine a recent tax ruling of the Dutch Supreme Court regarding the qualifications of instruments as debt or equity for Dutch tax purposes.

The Stibbe Equity Capital Markets (ECM) Insights Guide 2024 offers an overview of recent developments in the equity capital markets in the Netherlands, highlighting the key trends and legal developments.

Netflix, the global streaming giant, has been fined €4.75 million by the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, or AP) for failing to provide customers with adequate information about how their personal data was being processed.

The Council of State has changed its case law on internal and external netting. This has major implications for activities involving nitrogen. In this blog Anna Collignon discusses the new case law.

The EU Listing Act, which includes updates to the Prospectus Regulation, Market Abuse Regulation, Markets in Financial Instruments Regulation, and to the Markets in Financial Instruments Directive, has been published on 14 November 2024.

On 13 November, the Dutch government published a decree on the comparison of foreign entities which provides a framework for the tax classification of foreign entities as either transparent or non-transparent for Dutch tax purposes.

The year 2024 has been notable for developments in ESG. Climate cases, impactful new laws and regulations, and geopolitical developments have shaped – or will largely shape – companies' choices. Stibbe has been a key contributor to the Chambers ESG Guide.

After 16 years of court battle, the Brussels Court of Appeal has rejected the EU’s EUR 12 million (+ interest) damage claim against the four lift producers that participated in the lift cartel fined in 2007.

This blog addresses the European Commission's infringement procedure against the Netherlands regarding the evaluation of water licences under the Water Framework Directive, the Dutch legislature's approach and the consequences for issued permits.

In October 2024, the European Council adopted the EU Listing Act, a legislative package that includes changes to the Market Abuse Regulation. We discuss the expanded exemptions to the prohibition of PDMRs carrying out transactions during a closed period.

The European Court of Justice has upheld the annulment of Intel’s EUR 1.06 billion fine for abuse of dominance. The judgment provides guidance on how to assess the anti-competitiveness of loyalty rebates.

Dominant pharma companies had better watch their words and use the patent system wisely. Pharma company Teva was fined EUR 462.6 million for disparagement and ‘divisional gaming’ to delay market entry and hinder the uptake of a competing drug.

As of 1 January 2025, Dutch insurers must obtain the Dutch Central Bank’s prior consent before making any amendments to, or entering into an asset-intensive reinsurance agreement that allows the reinsurer to hold assets in a third country.

The Vifo Act continues to evolve: Dutch government to extend the scope of the general Dutch FDI screening regime to cover six additional technologies.

Are ‘European champion’ companies walled off from unfair (foreign) competition the future? The European Commission recently presented its Competitiveness Compass to navigate the European Union to strengthened competitiveness.