Dutch House Of Representatives Approves Proposed ACM Merger Control Call-In Power

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 toolkit¹ and enable it to review transactions that may raise competition concerns despite falling below the standard Dutch merger control thresholds.

Background: Current Dutch Merger Control Framework

Under the current Dutch merger control regime, a concentration generally must be notified to the ACM where, in the last calendar year prior to the transaction, the undertakings concerned² generated a combined worldwide turnover of EUR 150 million or more and at least two of the undertakings concerned each generated a turnover of EUR 30 million or more in the Netherlands.