Foreign direct investments are increasingly scrutinized in the Netherlands and the rest of the European Union. The Netherlands already has sector-specific screening mechanisms in place in the energy and telecommunications sector, and last year the draft of a general investment screening act was submitted to the Dutch Parliament (Wet veiligheidstoets investeringen, fusies en overnames). At the same time, there are exciting developments at the EU level which may have major consequences for M&A activities in and outside the Netherlands. For example, the European Commission has proposed a new EU regulation to combat distortions in the internal market caused by foreign subsidies, for example by creating the possibility to act against foreign subsidies that directly facilitate a merger or takeover within the EU. In addition, the European Commission pleads for the assessment of 'killer acquisitions', when a dominant company takes over a promising start-up, even where such transaction remains below the (turnover) thresholds and is therefore not normally assessed.
In this breakfast session, our specialists will discuss what these developments mean in the context of proposed M&A activities in the Netherlands.