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Foreign subsidies regulation: the next new tool in the European Commission’s toolbox?

In May 2021, the European Commission (the Commission) published a proposal for a Regulation on foreign subsidies distorting the EU’s internal market. According to the Commission, foreign subsidies seem to have facilitated the acquisition of EU undertakings, influenced investment decisions, distorted trade in services or otherwise influenced the behaviour…

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Foreign direct investment screening in the Netherlands – FAQ

Much like in other EU Member States, Foreign Direct Investments (FDI) screening has become a hot topic in the Netherlands. Although the Netherlands has FDI-like rules for certain specific sectors, general FDI legislation is not yet in place. However, this is about to change: On 17 May 2022, Dutch Senate adopted…

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Dividend fraud – time for Dutch civil actions?

Dividend fraud has been in the news a lot recently. Research by the Dutch research platform Follow the Money in context of the CumEx Files indicates that it appears that the Netherlands was hit relatively the hardest by the large-scale dividend fraud. The Dutch tax authorities are said…

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The Yukos case drags on – the Dutch Supreme Court sets aside the judgments of the Court of Appeal of The Hague and refers the case to the Court of Appeal of Amsterdam

Last week the Supreme Court set aside the judgments of the Court of Appeal of The Hague. Both the Russian Federation and the former Yukos shareholders qualify the Supreme Court ruling as a victory. What is this about? What is it all about again? Arbitration The former shareholders of Yukos…

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Foreign direct investment screening in the Netherlands - FAQ

Much like in other EU Member States, Foreign Direct Investments (FDI) screening has become a hot topic in the Netherlands. Although the Netherlands has FDI-like rules for certain specific sectors, general FDI legislation is not yet in place. However, a proposal for general FDI legislation has recently been sent to…

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Amsterdam District Court renders an important judgment in the truck cartel proceedings

On 12 May 2021, the Amsterdam District Court (the Court) rendered an important judgment in the follow-on damages proceedings initiated by the first batch of claimants against several truck manufacturers. The judgment deals with the following two issues: (i) the scope of the Commission’s Decision (the Decision) and (ii) the…

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The Dutch scheme and ipso facto clauses: aspects for lenders to consider

Introduction On January 1, 2021 the Dutch Act on Court Sanctioning Of Private Composition To Avoid Bankruptcy (Wet homologatie onderhands akkoord ter voorkoming van faillissement) (the Dutch Scheme) entered into force. The Dutch Scheme provides for a restructuring mechanism for Dutch companies whereby a composition is offered to creditors outside…

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New guidance on Article 22 of the European Union’s merger regulation: the end of legal certainty in merger control?

The European Commission recently published new Guidance on merger control. The Commission invites Member States to refer certain concentrations that do not meet domestic merger control thresholds to the European Commission for scrutiny. This in particular concerns start-ups and other companies in innovative or digital markets (e.g. tech or pharma).

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FDI screening in The Netherlands: retroactive effect for legislation in the making

Despite rapid developments across the EU with respect to foreign direct investment (FDI) screening, the developments in this field were at a slower pace in the Netherlands. Until this week: the Dutch government seeks to apply retroactive effect to FDI screening legislation that is currently in the making. This means…