District Court Rotterdam confirms the ACM’s doctrine of imputability with investment funds

District Court Rotterdam confirms the ACM’s doctrine of imputability with investment funds

In his contribution to our knowledge pages, my colleague Sjaak van de Heul previously informed us that the ACM (Netherlands Authority for Consumers and Markets) had fined [ii] investment funds (investment firms or private equity) for breaches of the cartel prohibition by companies (flour producers) that were (indirectly) held by ... Read More »

No transition payment for those who are AOW-entitled; possible age discrimination?

No transition payment for those who are AOW-entitled; possible age discrimination?

On termination of an employment relationship having lasted longer than 24 months, the employee is in principle entitled to a transition payment. If the employee has reached state pension age (AOW-entitled), he or she is in principle not entitled to the transition payment on termination. The question is whether this ... Read More »

The implied duty of good faith in commercial contracts and its impact on deferred consideration clauses in corporate sale and purchase agreements

The implied duty of good faith in commercial contracts and its impact on deferred consideration clauses in corporate sale and purchase agreements

Jurisdictions around the world (including in the United States, France, Germany and Holland) generally recognise, to some extent, the principle that contracting parties owe each other a duty of good faith in the performance of their contractual obligations. This piece will look at the differing approaches taken in several jurisdictions ... Read More »

Landowners Have the Right to Appeal an Approved Jurisdictional Determination Under the Clean Water Act

Landowners Have the Right to Appeal an Approved Jurisdictional Determination Under the Clean Water Act

U.S. Army Corps of Engineers v. Hawkes Co., 136 S. Ct. 1807 (2016). The U.S. Supreme Court held an “Approved Jurisdictional Determination” (“AJD”) is a “final agency action” because it is a definitive statement by the U.S. Army Corps of Engineers (“Corps”) as to its jurisdiction over a property, and ... Read More »

New public procurement in the Czech Republic – part three

New public procurement in the Czech Republic – part three

Our last article devoted to the new public procurement in the Czech Republic is concentrated on the possibilities how an economic operator may protect against illegal practices of the contracting authority during the public procurement procedure pursuant to the new law, which is embodied in the Act No. 134/2016 Coll., ... Read More »

New public procurement in the Czech Republic – part two

New public procurement in the Czech Republic – part two

This article is focused on the basic characteristic of new types of public procurement procedure according to the new Act No. 134/2016 Coll., on public procurement, effective as of 1st October 2016. BASIC CHARACTERISTIC OF TYPES OF PUBLIC PROCUREMENT PROCEDURE Open procedure It is a single-phase procedure, in which any ... Read More »

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