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Content last updated: 14-10-2019

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  • Merger Control Regime
  • Merger Screening
  • Merger Filing

1. Overall description of merger control regime

1.1 Supranationality

1.1.1 Is the jurisdiction a member of/party to a supranational jurisdiction?

The Netherlands is a Member State of the European Union.

1.1.2 Is the jurisdiction itself a supranational jurisdiction?

No.

1.1.3 If the answer to Section 1.1.1 and/or 1.1.2 above is in the affirmative, what are the implications hereof?

Transactions that meet the thresholds set out in the EU Merger Regulation will not be reviewed in the Netherlands. They fall under the exclusive competence of the European Commission, subject to the exception that concentrations can be referred to the competition authorities of Member States as provided for in Articles 4(4) and 9 of the EU Merger Regulation.

2. Nature of merger control regime

2.1 Mandatory or voluntary

2.1.1 Is filing mandatory or voluntary?

Filing is mandatory, if the thresholds described in Section 2.3.1 under the Merger Screening Schedule below are met.

2.2 Suspensory effect

2.2.1 Must completion of the transaction await clearance by the relevant authorities?

Transactions shall be notified to the Authority for Consumers & Markets prior to implementation/completion. 

Implementation/completion of the transaction must await clearance by the Authority for Consumers & Markets (the "standstill obligation"). Violation of the standstill obligation can lead to fines being imposed by the Authority for Consumers & Markets (see Section 2.2.3 under the Merger Filing Schedule below). 

The Authority for Consumers & Markets may grant an exemption from the standstill obligation in case of bankruptcy or comparable threat to the transaction. An exemption may be granted if quick clearance by the Authority for Consumers & Markets is not possible and the transaction would be seriously jeopardized by the suspension of its completion. However, if the Authority for Consumers & Markets subsequently prohibits the concentration, the transaction must be unwound.

Transactions can be notified following the conclusion of the agreement, the announcement of a public bid, or even on the basis of a Letter of Intent or a Memorandum of Understanding – as long as there is a clear intention to conclude a notifiable transaction and reasonable chance that final binding transaction documentation will be concluded.

1. What type of transactions are caught by the merger control regime?

1.1 Concentrations

1.1.1 Type of transactions that are caught by the merger control rules?

A transaction is caught by the merger control rules when there is a "concentration", defined as:

  1. Two or more previously independent undertakings merge; or
  2. Direct or indirect control is acquired, by:

a) one or more natural or legal persons who already have control over at least one undertaking; or

b) one or more undertakings over one or more other undertakings, or over parts thereof by way of acquiring participations.

    1.2 Joint ventures

    1.2.1 What types of joint ventures are caught by the merger control rules?

    The creation of a joint venture that performs, on a lasting basis, all the functions of an autonomous economic entity is a transaction that is caught by the merger control rules.

    Consequently, joint ventures that fail to establish a full function joint venture, are not subject to merger control rules but can be subjected to the general cartel scrutiny contained in section 6 of the Act. This section closely resembles Article 101 of the Treaty of the Functioning of the European Union.

    1.3 Definition of "control"

    1.3.1 How are the concepts of "control" and "change of control" defined?

    The concept of "control" refers to the ability of exercising decisive influence over the activities of an undertaking on the basis of actual or legal circumstances.

    It has to be decided on the facts in each case, whether there is a possibility of exercising decisive influence over an undertaking. Decisive influence can be de jure in the form of acquisition of the majority of the voting rights or through special contractual rights; or de facto based on for example historic patterns of attendance at annual general meetings.

    Only transactions that bring a lasting "change of control" to the undertakings concerned and in the structure of the market are covered by the Dutch merger control rules. Thus, transactions resulting only in a temporary change of control, such as for instance a transitory transaction, are not covered.

    1.4 Minority shareholdings

    1.4.1 Are minority and other interests less than control caught by the merger control rules?

    Acquisitions of minority or other interests that do not lead to an acquisition of control do not fall within the merger control rules and will not be considered by the Authority for Consumers & Markets.

    2. Establishing jurisdiction for notification of mergers

    2.1 Merging parties/undertakings concerned

    2.1.1 Which undertakings are considered parties to the merger ("undertakings concerned") in the various types of transactions identified under Section 1.1.1 and 1.2.1.

    The interpretation of ''undertakings concerned'' is identical to the one applied by the Merger Control Regulation.

    In case of a merger, the "undertakings concerned" are each of the merging entities.

    In case of an acquisition of control, the undertakings concerned may vary depending on the characteristics of the transaction.

    • In case of acquisition of sole control, the undertakings concerned are the acquiring undertaking consisting of all entities belonging to the same group (i.e. parent, subsidiaries, sister companies etc.) and the target undertaking (i.e. not including the seller).
    • In case of acquisition of joint control of a newly created joint venture, the undertakings concerned are each of the undertakings jointly acquiring control. The same applies where one undertaking contributes a pre-existing subsidiary or a business (over which it exercises sole control) to a newly created joint venture.
    • In case of acquisition of joint control over a pre-existing undertaking or business, the undertakings concerned are each of the undertakings acquiring joint control, and the pre-existing acquired undertaking.
    • In case of entry of a new shareholder in a pre-existing full-function joint venture, which leads to a change in the quality of control for the remaining controlling shareholders, the undertakings concerned are the newly entering controlling shareholder alongside with the remaining controlling shareholders and the pre-existing joint venture.
    • In case where a pre-existing, full-function joint venture acquires control over another undertaking, the undertakings concerned are the joint venture (i.e. not including the parent companies) and the target undertaking. Where a joint venture is merely an acquisition vehicle, the undertakings concerned are in such situation the parent companies of the joint venture and the target undertaking.
    • In case of change from joint control to sole control, the undertakings concerned are the undertaking acquiring the sole control and the joint venture. The other "existing" shareholder (i.e. the seller) is not considered an undertaking concerned.

    2.2 Date for establishing jurisdiction

    2.2.1 Which date is relevant for concluding whether the transaction is notifiable?

    Generally, the relevant date is whichever date is earlier of either the date of conclusion of the binding legal agreement, the acquisition of a controlling interest or the date of the first notification to the Authority for Consumers & Markets.

    2.3 General thresholds

    2.3.1 Threshold(s) for when a concentration must be notified under the general merger control regime?

    Merger Control Filing is required when:

    • The combined global turnover of all undertakings concerned exceeded EUR 150,000,000 in the calendar year preceding the concentration, and
    • each of at least two of the undertakings concerned achieved a turnover of at least EUR 30,000,000 in the Netherlands in the calendar year preceding the concentration.

    Please note that sector-specific thresholds may apply (see Section 2.4.1 below).

    2.3.2 For each threshold, can the threshold be triggered by only one party having local turnover?

    Neither of the alternative sets of thresholds can be triggered by only one of the undertakings concerned.

    2.3.3 For each threshold, can the threshold be triggered without any party having local turnover?

    Neither of the thresholds can be triggered without both undertakings concerned having Dutch turnover.

    2.3.4 Are there any circumstances where transactions falling below these thresholds may be still investigated?

    Concentrations that fall below the thresholds cannot be reviewed. The Minister of Economic Affairs can temporarily reduce the thresholds for certain categories of undertakings. Such a measure lasts five years and can be prolonged. Such a measure does not apply retrospectively.

    2.4 Other national thresholds for ex ante merger control (e.g. sector-specific rules)

    2.4.1 Relevant thresholds for sector-specific or other ex ante merger control rules?

    For both credit and financial institutions and insurance companies, the general thresholds apply. However, instead of turnover, different calculation methods are used, see Section 3.7.1 below.

    Separate thresholds apply for the healthcare sector and for pension funds in addition to the general jurisdictional threshold.

    • The combined global turnover of all healthcare undertakings concerned (at least EUR 5,500,000 turnover is achieved through health services for an undertakings to be considered a “healthcare undertaking”) exceeded EUR 55,000,000 in the calendar year preceding the concentration, and each of at least two of the healthcare undertakings concerned achieved a turnover of at least EUR 10,000,000 in the Netherlands, or;
    • The combined global gross written premium of all the pension funds within the meaning of the Dutch Pension Act of the undertakings concerned exceeded EUR 500,000,000 in the calendar year preceding the concentration and each of at least two of the pension funds within the meaning of the Dutch Pension Act of the undertakings concerned achieved EUR 100,000,000 premiums written by Dutch residents.

    2.4.2 Are any such schemes mandatory or voluntary?

    Mandatory.

    2.5 Foreign-to-foreign mergers

    2.5.1 Do any exemptions, special thresholds etc. apply to foreign-to-foreign mergers, i.e. where none of the undertakings concerned is domiciled in the jurisdiction?

    Transactions meeting the jurisdictional thresholds have to be notified to the Authority for Consumers & Markets, regardless of whether the undertakings concerned are domiciled outside of the Netherlands. Note that the Dutch thresholds always require a local nexus.

    3. Calculation and allocation of turnover, asset value, transaction value etc.

    3.1 Relevant turnover

    3.1.1 How is turnover defined (e.g. is income from other sources than "ordinary activities to be included, and how are rebates, taxes, internal turnover etc. treated)?

    The relevant turnover is calculated in accordance with article 2:377(6) of) the Dutch Civil Code. The turnover is the income from the supply of goods and services of the business of the legal entity, exclusive of rebates and turnover related taxes (such as value added tax).

    According to article 2:277, the profit and loss account of the legal entity must specify any special income items separately from the net income of the business. Hence, in line with the Consolidated notice (see section 3.1.2. below), it is suggested that only income out of the ordinary course of business counts for the thresholds.

    3.1.2 Identification and link to any official rules, guidance etc. on how to calculate turnover?

    The Authority for Consumers & Markets follows the guidance of the European Commission.

    Guidance to the calculation of turnover can be found in the European Commission's Consolidated Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings ("the Jurisdictional notice").

    The Jurisdictional notice can be found on:

    http://ec.europa.eu/competition/mergers/legislation/draft_jn.html

    3.2 Relevant period for calculation of turnover

    3.2.1 Which financial year(s) is relevant for the calculation of turnover?

    The turnover should be based on the calendar year preceding the submission of the notification or the calendar year preceding the closing of the transaction, whichever is the earlier.

    Note that the Authority for Consumers & Markets relies on the latest calendar year, as opposed to the latest financial year which is used by most competition authorities. In case an undertaking's financial year does not coincide with a calendar year, it has to confirm the amount of its turnover in the relevant calendar year, but normally it will not be required to submit a formally audited report regarding the calendar year.

    3.2.2 Should adjustments be made for e.g. divestitures, acquisitions, closings and other changes of the economic reality of the undertaking concerned made after or during the relevant financial year?

    The Authority for Consumers & Markets follows the guidance of the European Commission. Adjustments must be made for any divestitures or acquisitions made during or after the latest calendar year. Turnover stemming from such divested or acquired assets should be excluded or included, respectively.

    3.3 Relevant undertakings for the calculation of turnover

    3.3.1 The "undertakings concerned", i.e. which parties?

    See Section 2.1.1 above.

    3.3.2 The undertakings whose turnover is taken into account?

    See the definition of the "undertakings concerned" in Section 2.1.1 above. In short, the undertakings whose turnover is taken into account are the entire group that the acquirer belongs to and the target's group (i.e. target and any of its wholly or jointly owned subsidiaries).

    3.3.3 Shall the turnover of the existing seller be included in the target's group turnover?

    See Section 3.1.2 above. The seller's turnover shall not be included.

    3.4 Geographical allocation of turnover

    3.4.1 The principles for the geographical allocation of turnover?

    The Authority for Consumers & Markets follows the guidance of the European Commission. The turnover should be allocated geographically based on where the customer was located at the time of the turnover generating transaction, i.e. typically where the goods were actually delivered or services actually provided.

    3.5 Valuation and allocation of assets

    3.5.1 The principles for valuation and allocation of assets?

    Not applicable.

    3.6 Calculation of other thresholds

    3.6.1 The principles for calculation of metrics for other thresholds (e.g. transaction value, market share, share of supply etc.)?

    Not applicable.

    3.7 Special rules

    3.7.1 Do any special rules or principles apply to the calculation, allocation etc. of turnover, assets etc. for specific undertakings (e.g. State-owned undertakings, investment funds, credit and financial institutions, insurance companies, financial holding companies, others)?

    Specific rules apply to the calculation of turnover for credit and financial institutions; insurance companies and pension funds.

    For credit and financial institutions within the meaning of the Act on Financial Supervision instead of turnover, particular income items must be used (analogous to those defined in article 5(3)(a) of the EU Merger Regulation).

    For insurance companies and pension funds within the meaning of the Dutch Pension Act instead of turnover, the value of gross premiums must be used.

    3.7.2 Does any exemptions apply?

    No.

    1. Practical information

    1.1 Responsibility for filing

    1.1.1 The parties responsible for filing?

    In case of a merger, both parties are responsible for filing.

    In case of the creation of a new entity, the parties who established the entity and who acquire control are responsible.

    In case of the acquisition of sole control or joint control, the parties acquiring control are responsible for filing. 

    The filing may be submitted by any of the undertakings concerned. Where more than one party is responsible, it suffices that one party makes a submission: a joint submission is not necessary.

    1.2 Deadlines for filing

    1.2.1 Are there any mandatory deadlines for filing, and, if so, how these are calculated?

    In line with EU law, there are no mandatory deadlines for filing, see Section 2.2.1 of the Merger Screening Schedule above.

    However, transactions meeting the thresholds must be notified prior to completion and may not be implemented during the review period. Failure to notify may result in substantial fines.

    1.2.2 Are there any sanctions for not filing within the deadlines?

    Not applicable.

    1.3 Early filing

    1.3.1 Is it possible to file before the signing of merger agreement?

    Notification may be made where the undertakings concerned demonstrate a concrete intention to engage in the transaction. There must at least be a principle agreement between the parties in which they intent to merge or acquire (e.g. a letter of intent) and clarify on the intended structure of control.

    1.4 Filing fees

    1.4.1 Are there any fees for filing, and, if so, please describe how such fees are calculated?

    The filling fee for a phase I decision is EUR 17,450 and for a phase II decision the additional filling fee is EUR 34,900. These fees are payable regardless of the outcome of the decisions.

    1.4.2 When must the filing fee must be paid?

    Once the Authority for Consumers & Markets renders its decision in phase I or phase II, the filing fee is imposed.

    1.5 Publicity

    1.5.1 When and in which format will the authority publish receiving a notification?

    The Authority for Consumers & Markets publishes an announcement on its website and in the Official Gazette of the fact that it has received a notification, inviting third parties to comment on the proposed transaction within seven days after publication in the Official Gazette. The notice reveals the names of the parties and the nature of their intended transaction but no further commercial details.

    1.5.2 How will the authority in general handle the case publicly, e.g. will it usually comment in the media, send out press releases etc.?

    The Authority for Consumers & Markets will send a press release following the adoption of a decision. If the decision contains confidential information, the Authority for Consumers & Markets can release a public version of the decision from which any confidential information is removed. The parties are given the opportunity to claim confidentiality.

    1.5.3 Will third parties be able to review the notification?

    Third parties will not normally receive access to the file of the Authority for Consumers & Markets containing confidential details of the notifying parties. They may obtain some (non-confidential) information on the basis of the Freedom of Information Act.

    The notification of a transaction is published in the Government Gazette and on the website of the Authority for Consumers & Markets.

    Third parties are invited to comment on the contemplated concentration. Even though third parties are requested to respond within seven days, information provided later than seven days may also be used in the procedure. The authority also actively gathers information by sending out questionnaires to third parties. During (telephone) discussions with third parties, the Authority for Consumers & Markets may reveal to third parties the views of the notifying parties on the relevant markets in general terms.

    Information received from third parties will generally be communicated to the parties to provide them with the opportunity to respond. Generally, the authority will reveal the third party’s identity.

    Third parties may appeal the clearance of a transaction by the Authority for Consumers & Markets at the Rotterdam District Court. The Decision of the Rotterdam District Court can be appealed to the Trade and Industry Appeals Tribunal.

    2. Procedure and timing

    2.1 Normal and simplified procedures

    2.1.1. Does the regime allow for a simplified (fast track) procedure, and, if so, what are the criteria for using the simplified procedure?

    There is no formal fast track or simplified procedure.

    The Authority for Consumers & Markets may be requested to speed up its decision-making process. If there are good reasons to do so, such as financial problems for the target, the Authority for Consumers & Markets is often capable of deciding must faster than in four weeks.

    Such quick decision making may not be possible if the transaction would result in significant market shares. In that case, as an alternative to a fast track procedure, the Authority for Consumers & Markets may grant an exemption from the standstill obligation in case of grave (financial) problems such as bankruptcy to the effect that the transaction would be seriously jeopardized by the suspension of its completion. However, if the Authority for Consumers & Markets subsequently prohibits the concentration, the transaction must be unwound. Hence, an exemption from the standstill will normally only be given if subsequent unwinding would in theory be possible.

    The Authority for Consumers & Markets may make an unsubstantiated decision (one-pager), if the combined market shares of the undertakings concerned do not exceed 25 % on any markets where they both compete (horizontal links) or 30 % on any vertically related markets. However, this does not guarantee that the Authority for Consumers & Markets will decide within a shorter timeframe than the official four-week period.

    2.2 Procedural stages (cf. timetable below)

    2.2.1 The various stages of (i) a simplified procedure and (ii) a normal procedure?

    Although the Authority for Consumers & Markets welcomes pre-notification discussions, it is not required. The pre-notification phase is a possibility for the parties to discuss the transaction with the Authority for Consumers & Markets. There is no deadline to request for pre-notification discussions. 

    When the formal notification is submitted, the Authority for Consumers & Markets will investigate whether there are reasons to assume that the concentration may impede effective competition in certain markets ("Phase I"). The Authority for Consumers & Markets has to make a decision within four weeks, but if it formally requests the parties to provide further information, this will stop the clock until the parties have submitted answers.

    Within Phase I the Authority for Consumers & Markets may decide to clear the transaction or, if the Authority for Consumers & Markets has reason to assume that competition may be impeded, decide that a license authorizing the transaction is required and that the transaction has to proceed to Phase II. The authority has to take a decision within 4 weeks.

    Parties can try to prevent a Phase II by proposing a remedy in Phase I.

    In order to start Phase II, parties need to request a license by submitting a (new) separate notification form, which must contain more detailed information about the parties and the relevant markets.

    After receiving the Phase II notification, the Authority for Consumers & Markets will conduct an additional investigation and either prohibit or clear – with or without remedies – the relevant concentration. The authority has to make a decision within 13 weeks after receiving the Phase II notification. Formal requests for information will stop the clock, as in Phase I. The Authority for Consumers & Markets will give parties the opportunity to react on its decision.

    During both Phase I and Phase II, the Authority for Consumers & Markets can put questions to third parties, instruct economists and visit offices or factories of the undertakings concerned.

    2.2.2 Is pre-notification contact with the relevant authorities customary/obligatory/encouraged/etc.?

    Pre-notification contact with the Authority for Consumers & Markets is not required. However, such contact is possible and is encouraged when there is doubt regarding the necessity of a notification or the extent of the information required for the notification. 

    Pre-notification contact is informal. The Authority for Consumers & Markets may give opinions at this stage but is not bound to them. No legal certainty can be derived from pre-notification contact.

    2.2.3 Are there any sanctions for not filing within the deadlines?

    As stated in Section 1.2.1 above, there is no deadline for notification. However, failure to notify a concentration before completing the transaction will usually lead to a fine upon discovery by the Authority for Consumers & Markets. Fines up to EUR 900,000 or, if higher, 10% of the annual turnover of the undertaking(s) can be imposed. In the case of recidivism, the ceiling for the fine may be doubled.

    However, generally, the Authority for Consumers & Markets will issue a fine of an amount of EUR 400,000 to EUR 700,000 or, if higher, 5% of the total Dutch turnover of the relevant party in the preceding financial year. Still, the Authority for Consumers & Markets has substantial leeway to increase the amount of the fine if it deems it to be too low.

    The Authority for Consumers & Markets may also order the undertakings concerned to cease or reverse the infringement – including an order for unwinding a transaction that was closed prior to approval – subject to periodic penalty payments.

    2.3 Timetable (cf. timetable below)

    2.3.1 The statutory timetable/deadlines for review of a notification?

    Phase I

    Starting from the first working day after the notification has been submitted, the Authority for Consumers & Markets has four weeks to decide whether to clear the transaction in Phase I or to require a license (Phase II).

    Phase II

    If the Authority for Consumers & Markets requires a license for the concentration, phase II will start once parties request such a license through a new notification containing more detailed information. Once the application for a license has been submitted, the Authority for Consumers & Markets has 13 weeks to take a decision.

    2.3.2 Can the statutory timetable/deadlines be suspended ("stop-the-clock"), and if so under which conditions?

    The statutory timetable/deadlines for both Phase I and Phase II may be suspended if the Authority for Consumers & Markets sends a formal request for information ('stop the clock').  The suspension will continue until all questions are answered. In complex cases, the decision period can be suspended for a very long time.

    Moreover, the notifying parties may request the statutory timetable/deadlines to be suspended. If the suspension will aid the assessment of the notification, the Authority for Consumers & Markets will grant the suspension.

    2.3.3 If pre-notification with the relevant authorities contact is possible/customary, how long will the duration of such contact usually be?

    There is no statutory timetable/deadline for the pre-notification period and the duration of such period may vary from several weeks to several months, depending on notably the complexity of the specific transaction at hand.

    3. Format and content of notification

    3.1 Notification forms

    3.1.1 Must the notifying parties use any mandatory notification forms, e.g. for simplified and normal procedures, and, if relevant, add a link to the relevant forms?

    The Authority for Consumers & Markets has published two notification forms on its website, one for Phase I and one for Phase II. Using the Authority for Consumers & Markets notification form is mandatory. There is no simplified or short form, so the standard form must be used for all notifications.

    To access both Dutch notification forms, please refer to: https://www.acm.nl/sites/default/files/old_download/aanvraagformulieren/formulier-voor-het-aanmelden-van-een-concentratie-2016-01-07.pdf  


    3.2 Supporting documentation

    3.2.1 List of the supporting documentation which must as a minimum be submitted along with the notification?

    Cf. checklist below.

    3.3 Originals, legalization and apostillation (cf. checklist below)

    3.3.1 List of all documents which must be submitted in original/legalized versions and whether any documents must be apostilled?

    Not applicable.

    3.3.2 If the merger regime has a mandatory filing deadline, must all the documents identified under Section 3.3.1 be submitted within this deadline?

    Not applicable.

    3.4 Language

    3.4.1 Which languages may be used for drafting and filing a notification?

    The notification form must be written in Dutch. If the notifying parties submit supporting documentation in a different language, the Authority for Consumers & Markets may request the parties to supplement the notification with a translation of the concerned documents. Until the receipt of the translation, the Authority for Consumers & Markets will suspend the review period.

    Normally no translation is required for documents in English.

    3.4.2 Does translations have to be certified/legalized and apostilled?

    Not applicable.

    Statutory timetable

    Step Description Time
    1

    Pre-notification

    Pre-notification contact with the Authority for Consumers & Markets is not required. However, such contact is possible and is encouraged when there is doubt regarding the necessity of a notification or the extent of the information required for the notification.

    Pre-notification contact is informal. The Authority for Consumers & Markets may give opinions at this stage but is not bound to them. No legal certainty can be derived from pre-notification contact.

    There is no statutory timetable/deadline for the pre-notification period and the duration of such period may vary from several weeks to several months, depending on namely the complexity of the specific transaction at hand.

    2

    Phase I

    When the formal notification is submitted, the Authority for Consumers & Markets will investigate whether there are reasons to assume that the concentration may impede effective competition in certain markets ("Phase I").

    Within Phase I the Authority for Consumers & Markets may decide to clear the transaction or, if the Authority for Consumers & Markets has reason to assume that competition may be impeded, decide that a license authorizing the transaction is required and that the transaction has to proceed to Phase II. 

    Parties can try to prevent a Phase II by proposing a remedy in Phase I.

    Starting from the first working day after the notification has been submitted, the Authority for Consumers & Markets has 4 weeks to decide whether to clear the transaction in Phase I or to require a license (Phase II).

    Please be aware that "stop-the-clock" is possible (cf. 2.3.2 above).

    3

    Phase II

    In order to start Phase II, parties need to request a license by submitting a (new) separate notification form containing, which must contain more detailed information about the parties and the relevant markets. 

    After receiving the Phase II notification, the Authority for Consumers & Markets will conduct an additional investigation and either prohibit or clear – with or without remedies – the relevant concentration. 

    During both Phase I and Phase II, the Authority for Consumers & Markets can put questions to third parties, instruct economists and visit offices or factories of the undertakings concerned.

    If the Authority for Consumers & Markets requires a license for the concentration, phase II will start once parties request such a license through a new notification containing more detailed information. Once the application for a license has been submitted, the Authority for Consumers & Markets has 13 weeks to take a decision.

    Please be aware that "stop-the-clock" is possible (cf. 2.3.2 above).

    • Step 1 1
    • Step 2 2
    • Step 3 3
    • Not defined
    • 4 weeks
    • 13 weeks

    Checklist

    List of the supporting documentation which must as a minimum be submitted along with the notification.

    Supporting documentation

    This content was delivered
    and last updated on 14-10-2019 by
    Contact Person
    Gerrit Oosterhuis, Partner and Head of Brussels office
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    Jori de Goffau, Associate
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    Houthoff has provided all input about merger control in the Netherlands. 

    Houthoff is a leading independent Dutch law firm, with offices in Amsterdam, Rotterdam, Brussels, London and New York, as well as representatives in Houston, Singapore and Tokyo. We have over 300 lawyers, who work collaboratively to ensure we are there for our clients when they need us most. Our Competition Team advises and assists national and international companies, institutions and governments in procedures before the Netherlands Authority for Consumers and Markets (ACM), the European Commission, foreign competition authorities and different courts. Our expertise includes merger control procedures, foreign direct investment procedures, dawn raids and investigations into alleged cartels or abuse of dominance and State aid. Our Competition Team has detailed legal and economic expertise and sector-specific knowledge. We combine legal and economic analyses to achieve optimal solutions and litigation strategies.

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