Insights

What was once a technical corner of the Capital Requirements Regulation (CRR), suddenly found itself at the forefront of several high-profile European M&A transactions in 2025. The Danish Compromise, as the capital treatment under Article 49(1) CRR is commonly known, allows banks to risk-weight significant investments in insurance undertakings rather than deduct them from their own funds. With its application being subject to certain conditions and supervisory permission, the provision was, and to some extent still is, at the centre of a broader debate about group structures of banks, prudential consolidation and cross-sector M&A in the European Union.

On 18 March 2026 the European Commission published its proposed regulation introducing EU Inc., a new European corporate legal framework and the cornerstone of the "28th regime". EU Inc. provides a single, optional and harmonised set of corporate rules covering the entire lifecycle of a company, designed to make it easier to start, operate and grow a business in Europe. EU Inc. is presented as an answer to the needs of start-ups and scale-ups, but it is intended for all founders and companies that consider it suitable for their business model.

This is the March edition of the Competition Law in the Digital Age newsletter. Our quarterly publication provides insights on modern-day competition law developments in a bite-sized format.This edition focuses on:

De Brauw, alongside Morgan, Lewis & Bockius LLP, advised Nebius Group NV, a leader in AI infrastructure, in its successful closing of the offering of USD 4.34 billion convertible senior notes offering, divided into two series: the 1.25% notes due in 2031 and the 2.325% notes due in 2033.

De Brauw assisted the Dutch State (through the Ministry of Climate and Green Growth) in the creation of Nucleaire Energie Organisatie Nederland B.V. (NEO NL), the new state-owned enterprise that will perform all organisational activities for the construction, operation and decommissioning of new nuclear power plants and nuclear reactors in the Netherlands, as well as other activities in the nuclear field. De Brauw assisted with a variety of workstreams, including setting up the relevant governance framework between the Dutch State and NEO NL, leading the separation of the NEO NL organisation from the ranks of the State, setting the parameters for the future funding of NEO NL by the Dutch State and related financing arrangements, and advising on various employment law related matters.

De Brauw advised VodafoneZiggo on the acquisition by Liberty Global of Vodafone Group's 50% shareholding in VodafoneZiggo, making Liberty Global the sole VodafoneZiggo shareholder. Under the terms of the agreements between Liberty Global and Vodafone Group, Vodafone Group will receive EUR 1 billion in cash and a 10% shareholding in Ziggo Group, a newly formed company that will hold Liberty Global's interests in VodafoneZiggo in the Netherlands and in Telenet in Belgium and Luxembourg.