Wintertaling – Protection in the Share Purchase Agreement (SPA) against ACM investigation into non-notifiable transactions in M&A | Practical insights from practice

AI-generated image Written by Thédoor Melchers and Esra Koopman. The M&A practice in the Netherlands is facing a significant change. A recent amendment to the Competition Act now allows the Netherlands Authority for Consumers and Markets (ACM) to retrospectively assess mergers and acquisitions that are not subject to notification for abuse of a dominant position. This means that transactions that remain below the turnover thresholds can still be investigated […]
