Netherlands: Big tech under scrutiny amid stricter merger control

20 June 2024

The Dutch competition authority, the Authority for Consumers and Markets (ACM), is a driving force on key issues such as promoting sustainability and competition in the digital economy. The ACM also vigorously enforces the behavioural competition rules, while the Dutch courts remain a venue of choice for follow-on litigation. In merger control, the ACM appears to be leaning towards a stricter approach, although it has also suffered some noteworthy court losses. In the meantime, the ACM is pushing for an expansion of its powers. This article explores these developments in detail.

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Points discussed

  • The ACM’s current agenda focuses on the interface between competition law and sustainability, the energy transition and competition in the digital economy
  • The ACM has been vigorously enforcing the behavioural competition rules, with notable cases on resale price maintenance and abuse of dominance in the pharmaceutical sector and digital markets
  • In merger control, the ACM is leaning towards stricter scrutiny, with more Phase II cases, although it has also faced two noteworthy court losses
  • The ACM is pushing to extend its powers to include a market investigation tool and the possibility of calling in mergers that do not meet the national filing thresholds
  • The Netherlands remains a popular jurisdiction for bringing follow-on damages claims, with the focus slowly shifting to abuse of dominance cases against big tech.

You can read the article here.

This article was first published on Global Competition Review in June 2024; for further in-depth analysis, please visit the GCR Europe, Middle East and Africa Antitrust Review.

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