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    Current developments

    Dutch chapter of latest Vertical Agreements guide of Lexology GTDT.

    Read and download the Dutch chapter of the latest Vertical Agreements guide of Lexology GTDT, as updated by Sarah Beeston, Pim Jansen and Nina Korstenbroek. You can access the chapter by clicking on the link below.
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    More room for joint sustainability initiatives

    The realisation of large sustainability projects often requires various market players to work together. Examples include cooperation between energy companies to stimulate the Dutch hydrogen economy by building hydrogen infrastructure or an electrolyser; cooperation between various stakeholders in the Regional Energy Strategies to implement agreements made under the Climate Agreement (such as heat transition in built-up areas) and cooperation within the large-scale Carbon Capture (Utilisation) and Storage projects ('CC(U)S') to achieve CO₂ savings (and CO₂ use) in the industry. However, cooperation between market players is not without competition law risks.
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    Epic Games accuses Apple of abuse of dominance

    Epic Games (developer and owner of the online game 'Fortnite') has filed a complaint with the European Commission, concerning alleged abuse of dominance by Apple. This despite the fact that Epic Games has lost two drawn out procedures against Apple in the United States.
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    Development financing and multi-party agreements – striking a balance between not so different goals

    If a financier considers financing a development, a certain and timely exit is essential. To achieve this, the project must be finished, preferably within the agreed budget and period. For this to happen it is, in turn, essential that the contractor working on the project completes its job as agreed. This seems obvious and simple. Nevertheless, a lot of things can happen along the way. Where these lead to a gap in the budget, which the investor cannot or will not bridge, contractors working on Dutch developments have a relatively strong position based on the Dutch law statutory right of retention (builders lien), which typically even ranks prior to the development financier’s mortgage, as well as a general right to suspend working on the development until getting paid. Both could seriously affect the position of the financier and ultimately the end result for the contractor might still be that some of its invoices remain unpaid.
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    The new Dutch Scheme: first court confirmed restructuring plan

    For the first time, a restructuring plan has been confirmed under the new Court Approved Restructuring Plan Act (Wet Homologatie Onderhands Akkoord, or WHOA). This court confirmation illustrates how a "Dutch Scheme" comes about in practice. In this article our restructuring specialists Jelmer Baukema and Willemijn Bouman briefly discuss the court confirmation.
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