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13 Jun 2025

General terms and conditions: no absolute shield against liability

General terms and conditions are a key instrument for many entrepreneurs aiming to minimize legal risks. These documents typically contain clauses on liability, complaint periods, payment terms and governing law.

News

27 May 2025

The moratorium under the WHOA

The Act on the court approval of private restructuring plans (Wet Homologatie Onderhands Akkoord, abbreviated as WHOA) makes it easier for a company in financial distress to sit down with its creditors and shareholders and make arrangements to restructure its debts. The annual report over 2023 of the group of specialised judges and staff tasked with implementing the WHOA (the WHOA Pool) shows, among other things, that in 2023, the moratorium (afkoelingsperiode) was the most frequently requested measure of all the restructuring tools offered by the WHOA.

News

22 May 2025

Legislative proposal ACM Call-In Power Act: possible expansion of the scope of merger control supervision by the Dutch Competition Authority

On 18 March 2025, Members of the Dutch Parliament Julian Boshoff (GroenLinks-PvdA) and Daniƫlle Jansen (Nieuw Sociaal Contract) introduced a legislative proposal seeking to expand the enforcement powers of the Dutch Competition Authority (known as the Autoriteit Consument & Markt or ACM). Specifically, the proposal aims to empower the ACM to call in concentrations that fall below the applicable turnover thresholds, where such concentrations could nonetheless significantly impede effective competition in the Dutch market or a part thereof.