Regulated Markets/ACM
The business landscape is dynamic and challenging. New opportunities are continuously created. Your task as an entrepreneur is to make strategic decisions. You might be considering joining forces with your competitors, for example, because of the synergy effects or for the sake of innovation. If this is the case, competition law will play a role.
If you plan to merge, or if you want to transfer control of your company, notifying the Netherlands Authority for Consumers and Markets (ACM) may be required (for example, if specific turnover thresholds are exceeded). We can help you in this respect and advise you about submitting this type of notification. We can also supply the required product information and map out the relevant geographical market for you. Should the ACM ultimately decide that your company needs a licence, we can assist you with your application.
If you are contemplating a joint venture instead of a merger, we can also advise you about how to avoid violating the ban on cartels. Together with you, we carry out a self-assessment focused on your company. This involves determining whether competition is likely to be restricted by the arrangements you wish to make. If this is the case, it is important to examine whether consumers will benefit and whether there is still sufficient competition in the market.
We also advise clients about the abuse of economic market position. If a company has market power, it is simply not allowed as much freedom as its weaker competitors. In addition, we can help you and your employees if the ACM investigates your company. We can also assist you if you wish to conclude an agreement with a distributor, franchisee or licensee. In this type of situation, we ensure that the arrangements you make comply with related European directives so that you can avoid violating the ban on cartels and being fined.