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Transferability of claims under Dutch law: upcoming changes

On June 11, 2024, the Dutch House of Representative (Tweede Kamer) approved the draft bill (wetsvoorstel) on the abolishment of transfer and pledge restrictions (Wet opheffing verpandingsverboden). The draft bill has been submitted to the Dutch Senate (Eerste Kamer) for adoption and is scheduled for written…

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Legislative proposal to amend dispute resolution procedure and clarify admissibility requirements inquiry proceedings submitted to the Dutch House of Representatives

On 13 November 2023, the legislative proposal amending the dispute resolution procedure and inquiry proceedings was submitted to the House of Representatives. The legislative proposal introduces significant changes to (in particular) the dispute resolution procedure. It aims to improve the effectiveness of the dispute resolution procedure by adjusting some procedural…

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Developments on indepence of the Dutch energy regulator ACM

In an article published on Lexology, Bart van Oorschot discusses the recent developments on the independence of the Dutch energy regulator ACM. Please click here to access the full article. For further information on this topic please contact Bart van Oorschot (+31 (0) 20 530 52 00…

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DMA FAQs – what you need to know about the new Digital Markets Act

Regulation 2022/1925, also known as the Digital Markets Act (DMA), has been a hot topic for discussion the past few years to say the least. Ever since the first consultation, practitioners, academics and public officials have been in an extensive debate about the DMA and its implications.

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Breaking down killer acquisitions: The rise of below-threshold merger scrutiny

Picture this: a small but innovative company has just developed a new technology that has the potential to disrupt the market. The company is on the verge of becoming a major player in the industry, but before it can take off, a larger competitor swoops in and acquires it. A…

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Combatting high energy prices in the Netherlands

The war in Ukraine has created a unique situation in the international energy market. To combat rising energy prices, the Dutch government plans to implement a temporary and generic price cap for electricity and gas for small consumers as of 1 January 2023. In short, the energy price cap entails…

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The consequences of the (interlocutory) Porthos ruling for new and ongoing construction projects/activities in the Netherlands

Background nitrogen deposition issue  Nitrogen deposition has been a significant issue in the Netherlands for a while. Many nature conservation areas are considered in such bad shape (the so-called critical deposition levels are (almost) reached), that additional nitrogen deposition by projects/activities is often not permitted without taking additional measures. The…

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Claim vehicles, come to the Netherlands?!

On 27 July 2022, the District Court of Amsterdam (the Court) rendered another interesting (interim) judgment in the follow-on damages proceedings related to the so-called ‘trucks cartel’. These proceedings were initiated by several parties seeking compensation for damages against various truck manufacturers. After the…

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EU General Court approves new European Commission policy on below-threshold merger notifications

On 26 March 2021, the European Commission (Commission) published new Guidance on the application of the referral mechanism set out in Article 22 of the Merger Regulation to certain categories of cases (the Guidance), see also our previous blog. Through the new Guidance, the Commission encourages Member States…