Concentration Control

Based on European merger control rules, planned mergers, acquisitions and some types of joint ventures, where the companies involved exceed certain turnover thresholds, are subject to prior supervision by the European Commission. If the turnovers of the companies involved do not exceed these European thresholds, the transaction may be subject to the supervision of one or more national authorities, such as the Authority Consumer & Market (ACM). If the merger or acquisition involves a 'healthcare provider', there may be a duty to report to the Dutch Healthcare Authority (NZa).

It is prohibited to effect a transaction subject to merger control before approval has been obtained from the competent regulator(s). Companies that do not comply with the merger rules risk high fines and may be required to (partially) undo their transaction.

Is your organization involved in a transaction that changes the control of a company? Then, given the far-reaching consequences, it is very important to pay attention to competition law at an early stage. Please note that outsourcing a department may also qualify as a concentration requiring notification under certain circumstances.

The information provided in the context of a merger notification must be complete and accurate. If the notification is incomplete, the regulator may decide not to process the notification or request a supplement. The deadline for making a decision (four weeks in the case of an ACM notification) will be suspended at that point, delaying the intended transaction. In addition to loss of time, providing incorrect or incomplete information may under circumstances result in an administrative fine. Our specialists have extensive experience in advising and assisting companies in notification processes with the European Commission, the ACM and the NZa. With timely involvement, we can prevent you from unpleasant surprises.