The Dutch House of Representatives (‘Tweede Kamer’) has approved legislation (‘Wet inroepbevoegdheid ACM’, 36.774) that would give the Netherlands Authority for Consumers and Markets (ACM) the power to review and potentially prohibit certain mergers and acquisitions that fall below the existing Dutch merger control turnover thresholds. The proposal is part of a broader effort to strengthen the ACM’s enforcement toolkit[1] and enable it to review transactions that may raise competition concerns despite falling below the standard Dutch merger control thresholds.

[1] The ACM has been lobbying for a so-called “New Competition Tool” with an aim to remedying structural market failure.

Click here to read the full GT Alert.

*Special thanks to Corporate Intern Yasmin Homan˘ for contributing to this GT Alert.

˘Not admitted to the practice of law.

Tags: GT Insight
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Photo of Maarten de Boorder Maarten de Boorder

Maarten de Boorder is a Shareholder in the firm’s corporate law practice. Maarten provides strategic counsel to leading financial sponsors, their investors, portfolio companies, and management on complex transactions across the capital structure. His practice spans leveraged buyouts, strategic M&A, joint ventures, structured…

Maarten de Boorder is a Shareholder in the firm’s corporate law practice. Maarten provides strategic counsel to leading financial sponsors, their investors, portfolio companies, and management on complex transactions across the capital structure. His practice spans leveraged buyouts, strategic M&A, joint ventures, structured, growth and minority equity investments, equity and debt restructurings, management equity plans, and related advisory work.

Maarten also has vast experience in dealing with distressed assets and in conducting legal proceedings in corporate issues relating to warranty claims, director’s liability matters, we well as proceedings before the enterprise chamber of the Amsterdam Court of Appeal.

Maarten advises companies across many industry verticals, including industrials, TMT, health care & life sciences, business services, financial services & fintech, insurance services & insurtech, consumer, education, sports & entertainment and defense & space.

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Photo of Bas Vletter Bas Vletter

Bas Vletter focuses his practice on corporate law, mergers and acquisitions, equity capital markets (public offers and IPOs), international and national joint ventures, and private equity. He has acted as legal adviser in several high-profile private and public transactions, including the first successful…

Bas Vletter focuses his practice on corporate law, mergers and acquisitions, equity capital markets (public offers and IPOs), international and national joint ventures, and private equity. He has acted as legal adviser in several high-profile private and public transactions, including the first successful public hostile bid in the Netherlands. Bas is the trusted advisor to a number of Dutch listed companies and their boards.

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Photo of Robert Hardy Robert Hardy

Dr. Robert Hardy, LL.M. (Harvard) is a Local Partner in the firm’s Amsterdam office. He advises clients on matters spanning a wide spectrum of economic sectors, including consumer products, energy, financial services, manufacturing, life sciences, TMT, and transportation.

Robert focuses his practice on:

…

Dr. Robert Hardy, LL.M. (Harvard) is a Local Partner in the firm’s Amsterdam office. He advises clients on matters spanning a wide spectrum of economic sectors, including consumer products, energy, financial services, manufacturing, life sciences, TMT, and transportation.

Robert focuses his practice on:

  • Antitrust Litigation & Competition Regulation
  • International Trade
  • Regulatory & Compliance.

Antitrust Litigation & Competition Regulation

Robert’s practice covers a wide range of issues under European and Dutch competition law. He represents clients before the European Commission (EC), the Dutch Competition Authority (ACM), the Dutch administrative law courts, and the EU courts in matters relating to cartel defense, abuse of dominance, merger control, and State aid proceedings. Additionally, he represents clients before the Dutch civil law courts on issues relating to antitrust damages claims.

International Trade

Robert provides clients with guidance on ex-U.S. foreign investment review – e.g., foreign direct investment (FDI) / national security regimes –, intellectual property – standard essential patents (SEPs) and FRAND licensing disputes before the Dutch civil law courts –, transactions, import and export controls, and sanctions.

Regulatory & Compliance

Robert advises clients on a diverse range of EU and Dutch regulatory frameworks that impact business matters. He provides proactive and responsive advice and legal risk assessments to clients, assisting with day-to-day business transactions, counseling on the applicability and effect of regulations, and providing guidance on how to mitigate the risks of potential enforcement actions – e.g., helping clients build effective yet practical internal compliance programs, and advising companies on commercial agency, distribution, and franchise arrangements.

Robert is a member of the Amsterdam Sustainability Desk. The Sustainability Desk is available daily and provides assistance and support for real estate sustainability inquiries in the Netherlands and the EU. Please visit our dedicated Sustainability Desk page for more information.

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