Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 07 JUNE 2021

FDI Screening In The Netherlands: Retroactive Effect For Legislation In The Making

Stek Advocaten
Explore more from Stek Advocaten

Despite rapid developments across the EU with respect to foreign direct investment (FDI) screening, the developments in this field were at a slower pace in the Netherlands.

NetherlandsAntitrust/Competition Law
Berend Reuder
Berend Reuder
Tom Heurkens
Tom Heurkens

Despite rapid developments across the EU with respect to foreign direct investment (FDI) screening, the developments in this field were at a slower pace in the Netherlands. Until this week: the Dutch government seeks to apply retroactive effect to FDI screening legislation that is currently in the making. This means that investors should already take Dutch FDI screening into account, although the relevant legislation is not expected before 2021.

FDI screening: recent developments in the Netherlands

On 18 April 2019, the Dutch Minister of Justice and Security announced a broad package of measures to protect the Dutch economy and open society against unwanted foreign influences. The measures included a review of acquisitions and investments to assess national security risks. In November 2019, the Dutch Minister of Justice and Security and the Minister of Economic Affairs and Climate jointly informed the House of Representatives about the introduction of the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Dutch Competition Regulator's Call-in Power Passes "First Phase" As Lower House Adopts Bill

The Netherlands is poised to grant its competition authority unprecedented power to scrutinize mergers that fall below traditional notification thresholds, targeting potentially harmful transactions such as roll-up strategies and killer acquisitions. While the Dutch House of Representatives has approved the bill despite criticism from the Council of State, the legislation introduces an asymmetric threshold system and raises standard notification requirements, fundamentally reshaping the country's merger con
NetherlandsAntitrust/Competition Law
De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
Article

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

The Dutch House of Representatives has approved legislation granting the Netherlands Authority for Consumers and Markets unprecedented power to review and potentially block mergers and acquisitions that fall below existing turnover thresholds. This reform addresses concerns about "killer acquisitions" and strategic buy-and-build strategies that may escape traditional merger control scrutiny...
GlobalAntitrust/Competition Law
Greenberg Traurig
Greenberg Traurig
Article

Dutch Call-in Powers Bill Moves Forward: House Of Representatives Adopts Draft Bill After Significant Amendments

The Dutch House of Representatives has adopted a private member's bill introducing call-in powers for the Dutch competition authority ACM, enabling review of below-threshold transactions while simultaneously raising mandatory notification thresholds. This reform shifts Dutch merger control from a purely threshold-based system toward a discretionary, risk-based regime that could significantly impact dealmakers pursuing roll-up strategies, buy-and-build models, or acquisitions in concentrated markets.
NetherlandsAntitrust/Competition Law
Loyens & Loeff
Loyens & Loeff