What is merger control in the Netherlands?

Dutch term: Concentratietoezicht | Legal basis: Mededingingswet + EU Merger Regulation

Merger control in the Netherlands is regulated by the Dutch Competition Act (Mededingingswet) and, for transactions with an EU dimension, by the EU Merger Regulation (Regulation (EC) 139/2004). Concentrations that meet the Dutch turnover thresholds must be notified to the ACM before implementation.

The Dutch notification thresholds are met when the combined worldwide turnover of the parties exceeds 150 million euro and at least two parties each have a Dutch turnover exceeding 30 million euro. Transactions below the EU thresholds but above the Dutch thresholds are reviewed by the ACM. The ACM assesses whether the concentration would significantly impede effective competition in the Dutch market. Gun-jumping (implementing the merger before clearance) is prohibited and can result in fines.

Why it matters for international businesses

For international M&A transactions involving Dutch targets or Dutch-turnover parties, checking the notification thresholds early in the deal process is essential to avoid gun-jumping and closing delays.