Insights

The EU is taking action to counter the EU's single market's vulnerability to geopolitical developments. Although national security still falls within the decision-making of individual member states, the bloc has encouraged its member states to screen investments by third country investors for potential national security threats. In the Netherlands, for example, a general screening regime went live in June 2023, when the Vifo Act entered into force. This act covers investments in vital providers, sensitive technology and highly sensitive technology companies, and operators of business campuses (see our June 2023 article explaining the regime here). Likewise, almost all other EU member states have implemented screening regimes on foreign direct investments (FDI).

In December 2023, we published a status update on the Corporate Sustainability Reporting Directive (CSRD), and it is time for an update.

Developed in the US since 2016 and now a relatively common phenomenon in the US, liability management exercises (LMEs) are making their way into European debt structures. LMEs allow borrowers to access liquidity and reduce their debt burden through contractual permissions rather than in-court or extrajudicial restructuring processes. While these exercises can help companies attract new financing, they also may have implications for creditors and lead to "creditor-on-creditor violence", where different creditor groups act strategically to protect their interests, often at the expense of others.

De Brauw advised Assicurazioni Generali SpA, a leading global integrated insurer and asset manager, on the combination of its asset management operations with Natixis Investment Managers, part of Groupe BPCE, a leading French banking group. The deal is valued at EUR 9.5 billion.

De Brauw advises Pontegadea, the investment vehicle of Inditex founder Amancio Ortega and focused on a wide range of sectors as real estate, energy, infrastructure or retail, on the acquisition of a 20% stake in Q-Park from its existing majority shareholder KKR. Q-Park is a leading European parking infrastructure owner and operator, with a large and diversified portfolio of approximately 4,400 owned, leased and managed parking facilities in The Netherlands, Germany, France, Belgium, United Kingdom, Ireland and Denmark. Q-Park focuses on off-street, strategic prime locations and works together with municipalities and landlords to implement sustainable urban mobility plans, leveraging its industry-leading digital capabilities, strategic growth framework and its sizeable and rapidly expanding EV charging offering.

De Brauw advised Inflexion, a leading European mid-market private equity firm, on its minority investment in Baker Tilly Netherlands, a leading accountancy and advisory firm. The investment is being made through Inflexion's dedicated minority fund and aims to support Baker Tilly Netherlands' growth plans in the region. Closing of the transaction is subject to clearance by the Dutch Authority for Consumers and Market (ACM) and advice from the works council. The parties are also in ongoing consultations with the Dutch Financial Markets Authority (AFM).