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.
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*Special thanks to Corporate Intern Yasmin Homan˘ for contributing to this GT Alert.
˘Not admitted to the practice of law.
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