The regulation of monopolies concerns the behaviour of companies deciding to merge, take over another business or establish a joint venture. In Holland a business needs to be aware of the guidelines laid down by the Dutch Competition Authority (“Nederlandse Mededingingsautoriteit” or NMa”) or the European Commission. Only those companies of a certain size in terms of turnover are required to present their plans to the relevant competition authority or authorities for approval.

The authority will investigate whether a position of power would arise or be strengthened as a result, and whether this could significantly restrict competition. Should they find that the proposed merger, takeover or joint venture will have this effect, approval will be withheld and the action not allowed to proceed.

At Van Benthem & Keulen, our attorneys understand the importance that needs to be given to a competition authority’s approval procedure (also referred to as a notification procedure) especially where it relates to the timetable for completion, as any commercial concentration requiring a duty of notification may not proceed before approval is obtained.

Our attorneys provide advice to businesses and industrial associations concerning other aspects of Competition Law in respect of drafting or evaluating, such as exclusive and selective distribution agreements, agency and pricing agreements and compliance procedures within businesses. They also give expert assistance to businesses and industrial associations faced with being investigated by the European Commission and/or the NMa.