Maverick Advocaten has responded to the public consultation on the draft ‘ACM Call-In Power Act’ bill for M&A transactions. The response can be viewed here.
The proposed bill provides for an expansion of the ACM's powers concerning mergers and acquisitions (see a previous blog on this topic). Specifically, the expansion of powers means that the ACM will also be able to investigate smaller acquisitions that fall below the turnover thresholds and are therefore not normally within its jurisdiction.
In our response, we question whether the proposed expansion of powers is actually necessary. Furthermore, we believe that the proposed expansion of powers could lead to increased compliance costs and a negative impact on the Dutch investment climate.
It is still unclear whether or when a new version of the draft bill can be expected.
We have also written a blog about this bill.
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