Dutch Merger Control considered as 'exemplar' in a recently published study by the International Competition Network (ICN)

05-11-2006

The ICN, the world-wide network of competition agencies, has presented at its Fifth Annual Conference in Cape Town, 3-5 May, the so called ICN Implementation Handbook where the merger control regime of The Netherlands is often mentioned as an exemplar system.

In previous Annual Conferences, the ICN adopted a set of Recommended Best Practices (RBPs) for merger notification and review procedures. In order to promote convergence towards these internationally recognised RBPs, the mergers working group of the ICN started assembling examples of merger control laws around the globe that best comply with the RBPs. The result of this compilation exercise is the ICN Implementation Handbook. The objective is to offer the Handbook as a tool for those competition agencies interested in better understanding the RBPs and facilitating their implementation.

The merger control provisions of the Dutch Competition Act and the established practice of the NMa in this area are to a large extent in line with the ICN set of RBPs. This is why The Netherlands is often mentiond as an 'exemplar jurisdiction' in the ICN Handbook. In particular, Dutch merger control is considered as a model for its: (i) clear and objective thresholds for notification of mergers, (ii) reasonable and determinable investigation periods, (iii) effective and efficient review process, (iv) pre-notification guidance and adequate and timely interaction with the parties involved, and (v) involvement of third parties.

More information
For more information see The ICN Implementation Handbook attached below.

ICN Implementation Handbook april 2006 [562 Kb]

Note to the editor: For more information, please contact the NMa press officers: Ms. Pauline Gras at +31 70 3305068 or +31 654715245 (outside office hours) or Ms. Marian Bestelink at +31 70 3303362 or +31 651285619 (outside office hours). Alternatively, you can send an email to the NMa press office at pers@nmanet.nl.

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