NautaDutilh's Competition group has responded to the Dutch government's consultation on the draft legislative proposal to amend the Dutch Competition Act ("Mededingingswet") on certain provisions governing i) the Public Enterprise Market Activities Act ("Wet Markt en Overheid") and ii) merger control.
The response is publicly available for download (only available in Dutch). Based on its wide experience with advising on both issues, the Competition group has made a number of suggestions in relation to certain aspects of the draft legislative proposal. Topics relating to the Public Enterprise Market Activities Act included the uniform public preparatory procedure for the general interest exemption decision, the mandatory evaluation as well as the relation between the proposal and (i) a recent evaluation report and (ii) the Dutch coalition agreement of October 2017. On merger control, the Competition group has responded to the amendment of the provisions relating to successive transactions, the time limit for closing and public bids.