On 22 March 2023, the Belgian Competition Authority published a press release according to which it investigates whether Proximus had abused a dominant position by acquiring edpnet. Although the acquisition did not have to be notified, the BCA feels compelled, with reference to the European Court of Justice’s (ECJ) landmark Towercast judgment, to review the transaction under abuse of the aspect of dominance. The BCA is thus following up on recent considerations regarding more effective control of so-called “killer acquisitions”, i.e., the protection of competition against innovation-inhibiting mergers of large, strong companies with small, innovative competitors, which do not require merger control notification due to the low turnover of the target company.
At the beginning of this year, the European Parliament proposed certain amendments with respect to the EU initiative to target so-called “shell” entities (i.e., entities which are considered to be devoid of economic substance). The European Commission published already in 2021 a proposal for an EU Directive intended to neutralize the misuse of such shell entities in the EU for tax purposes (also known as “ATAD 3” or “Unshell Directive”). The tax world raised, however, a lot of concerns regarding this initiative and such in particular in light of the many uncertainties on how to interpret the proposed text.
To enhance the fight against VAT fraud in the field of cross-border e-commerce transactions, Belgium has adopted on 23 March 2023 the law requiring payment service providers to keep detailed records of transactions involving online merchants and pass them on to the Belgian tax authorities.
We’re pleased to present the tenth edition of Ukrainian Laws in Wartime: Guide for International and Domestic Businesses, a brief overview of the key features of wartime legislation.
The European Commission previously announced plans to include binding valuation information decisions in its customs legislation. The Commission has published the draft Delegated Regulation and obtained feedback from a public consultation, which ended on 18 January 2023. The Commission describes this move as the completion of an already well-established legal and operational framework for issuing decisions relating to binding tariff classification information and binding origin information.
The European Union actively uses anti-dumping and anti-subsidy (or countervailing duty) investigations to protect the EU industry. Imports from Indonesia are a prime target for these investigations. Since 2003, imports from Indonesia were targeted in 15 anti-dumping and anti-subsidy investigations, and four of these investigations were initiated in the last three years.
Over the last few months there have already been a number of legislative developments in connection with the global minimum tax under Pillar 2 all around the world. It is fair to say that Pillar 2 is increasingly gaining momentum and a critical mass of implementing jurisdictions could be reached in the foreseeable future. Germany is now the next country taking actions to implement Pillar 2 into domestic law. On 21 February 2023, the German Federal Ministry of Finance has published a draft law including explanatory comments.
On 24 March 2023, the Commission de Surveillance du Secteur Financier issued a press release requesting certain alternative investment fund managers, management companies of undertakings for collective investments in transferable securities and institutions for occupational retirement provision to participate in the data collection exercise relating to pre-contractual product disclosure information under Regulation (EU) 2019/2088 on sustainability-related disclosures in the financial services sector as amended and Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment as amended.
Baker McKenzie’s Sanctions Blog published the alert titled Blog Series: Sanctions Enforcement Around the G7 – the French Perspective on 28 March 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
The Spanish Customs Authorities have released new guidelines on provisional customs values and simplified declarations. The aim is to clarify the utilization of simplified declarations foreseen in Article 166 of the UCC due to the high number of queries from operators.