Insights

One year after it was first presented to parliament, the long-awaited Digital Markets, Competition and Consumers Act (DMCCA) received royal assent on 24 May 2024, marking a shift in digital, competition and consumer protection regulation in the UK. The DMCCA grants the Competition and Markets Authority (CMA) expanded powers to regulate the digital sector, scrutinise a broad range of mergers and acquisitions across digital and other markets, enforce consumer protection law, and strengthen competition oversight.

The Supreme Court today issued a ruling that is important to the employment law and M&A practice in the Netherlands. The case concerns the question of whether a "dynamic incorporation clause" in an employment agreement passes automatically to the new owner after a transfer of undertaking (TUPE) within the meaning of article 7:662 Dutch Civil Code. A dynamic incorporation clause is a clause that provides that not only the collective bargaining agreement in force at the start of the employment but also later versions of that collective agreement, will apply to the employment agreement. We previously reported on the case in this article.

De Brauw's chapter in the 2024 edition of The International Comparative Legal Guide - Fintech provides a detailed overview of the fintech landscape, market developments, and regulatory regime in the Netherlands. The chapter reflects on the Netherlands' position as a global frontrunner in fintech, highlighting its strong business climate, digital infrastructure, and innovative companies such as Adyen, CM.com, Floryn, Mollie, neobank Bunq, Buckaroo, Bitfury, BUX, Online Payment Platform, and Flow Traders.

De Brauw advised Parcom on its acquisition of RECO, a company specializing in rental equipment for the construction, infrastructure, and industrial sectors.

De Brauw advised General Atlantic’s BeyondNetZero climate growth fund on its majority investment in GRESB, a leading global provider of sustainability standards and benchmarks for real assets.

De Brauw advised SHV on the divestment of ERIKS to an affiliate of Lone Star.