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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 ACM has fined Epic Games for exploiting children’s psychological vulnerabilities, marking a key moment for Dutch consumer law enforcement. Our briefing examines the broader implications for consumer-facing businesses, especially those in online sales.

Marieke Driessen, Derk Lemstra and Rogier Raas participated in the CFO Forum - The Annual Meeting 2024, organised by our partner Transformation Forums, on 23 May 2024. You can read the insights of the meeting in the report.

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 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.

Het oordeel van de Hoge Raad dat de klachtplicht ex artikel 6:89 BW niet van toepassing is bij schending van een concurrentiebeding sluit aan bij eerdere rechtspraak.

We discuss a draft bill to declare contractual clauses limiting the transferability and/or pledgeability of claims in business relations void, and call upon the Dutch Senate to reconsider at least its applicability to existing contracts.

The General Court has annulled the EUR 1.49 billion fine imposed on Google. The Commission had failed to properly assess the allegedly abusive contractual clauses related to online advertising, including whether they actually had a lock-in effect.

The EU General Court confirms that Qualcomm’s below-cost pricing strategy designed to eliminate competition was predatory. This judgment, the first of its kind in over a decade, provides useful guidance on predatory pricing practices.

Dutch investment screening is rapidly expanding: since June, the proposal for a separate defence regime has been published and the intended expansion of the regime of the Vifo Act to include AI and biotech has been announced. Reason for a quick update!

The European Court of Justice has confirmed that Google abused its dominance by favouring its own shopping comparison service and demoting competing ones. However, not all favouritism is doomed.

Unfair trading conditions and tying are gaining traction as alleged abusive practices in the digital industry, as the European Commission fines Meta EUR 797.72 million for hindering competitors of Facebook Marketplace.

The European Commission will review a transaction thanks to Italy’s call-in powers. Even though the broad interpretation of Article 22 EUMR is off the table, deals that do not meet standard EU and national merger thresholds may still need to be notified.

Since 2023, there has been a debate as to whether such a surcharge clause should be considered unfair within the meaning of European Directive 93/13/EEC. Case law on this issue and on the possible legal consequences has been divided.

Deze zomer wees het Europees Sociaal Comité voor Sociale Rechten (ECSR) de klachten af die FNV en CNV hadden ingediend over het Nederlandse stakingsrecht.

In this issue of Tax Notes International, Ashley Peeters and Michael Molenaars explain the key markers of the 2024 Dutch Tax Package and provide an overview of the tax developments expected in 2024/2025 and how these may affect international businesses.