Insights

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:

In a letter to Parliament, the Dutch Minister of Finance has confirmed the government's long-awaited approach to any possible retroactive implementation of the CSRD, while addressing concerns from "first wave" companies about the delayed implementation. The letter also addresses Omnibus developments. The Omnibus Directive was published on 26 February 2026.

With a significant number of cases decided at both the Court of First Instance and the Court of Appeal, the UPC has continued to develop its case law at a fast pace. We have selected the five decisions from 2025 that we believe stand out the most – which was no easy task! These decisions address issues relating to inventive step, imminent infringement, cross-border jurisdiction, pharma, and anti-interim licensing in FRAND cases.

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.

De Brauw has advised the InterCement Group on its multi-jurisdiction restructuring process, addressing over USD 1.5 billion in unsustainable debt. The InterCement Group's restructuring efforts consisted of consecutive mediation, extrajudicial ('EJ') and judicial reorganization ('RJ') proceedings in Brazil, proceedings for recognition of a Brazilian plan in the United States and Spain, and proceedings for the implementation of a parallel plan in the Netherlands.