Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Merger review is governed by Chapter 5 of the Competition Act, which draws a distinction between three different types of concentration:
- the merger of two or more previously independent undertakings,
- the acquisition of direct or indirect control of the whole or parts of one or more other undertakings,
- the establishment of a joint venture which performs all the functions of an autonomous econ …

Concept of concentration

Prior to the enactment of the Competition Act on 1 January 1998, Dutch law contained no provisions relating to the control of mergers. Up until then, the only text applicable to concentrations not having an EU dimension was Article 22(3) of the EC Merger Regulation No 4064/89, the “Dutch clause”, pursuant to which a Member State could request the European Commission to investigate a concentration. Merger control now comes within the provisions of the Competition Act which was amended by the 2014 Streamlining Act as regards notification thresholds.

Context

Merger review is governed by Chapter 5 of the Competition Act, which draws a distinction between three different types of concentration:

- the merger of two or more previously independent undertakings,

- the acquisition of direct or indirect control of the whole or parts of one or more other undertakings,

- the establishment of a joint venture which performs all the functions of an autonomous economic entity on a lasting basis, and which does not give rise to coordination of the competitive behavior of the founding undertakings.

The term “control” is legally defined as the ability to exercise a decisive influence on the activities of an undertaking (Section 26).

Only operations having a Dutch dimension must be notified to the ACM prior to implementation. Since the Streamlining Act of June 2014, this condition is met where the undertakings involved in the concentration have a combined worldwide turnover of more than EUR 150 million (previously EUR 113,450,000) and at least two of those undertakings have achieved at least EUR 30 million each of their turnover in the Netherlands.

Thresholds

In evaluating a concentration, the authorities consider whether a dominant position which significantly restricts competition in the Dutch market or a part thereof could be created or strengthened as a result of the concentration (Section 41(2)). Where the ACM has refused authorization for a concentration, the Minister for Economic Affairs has the authority to determine upon request that a license should nevertheless be granted where in the Minister's view it is “necessary for serious reasons in the context of the general interest” (Section 47).

Global Competition Law

753. Concept of concentration

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Les notions juridiques connexes

753. Concept of concentration

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise