Recently, a new article written by Mauricette Schaufeli and Arnout Koeman regarding Foreign Direct Investments (“FDI”) was published in the Bedrijfsjuridische berichten (Bb). In this article Mauricette and Arnout discuss the upcoming rules and regulations in the area of FDI. The government wants to protect key undertakings and infrastructure from unwanted takeovers by (foreign) companies and persons. A similar and separate law regarding the telecommunications sector has just come into force. These upcoming rules and regulations will add an ex ante assessment by the Dutch government to a transaction regarding key undertakings and infrastructure. Companies operating in vital sectors need to take this into consideration. In their article Mauricette and Arnout also discuss that these upcoming rules and regulations fit into an EU trend and the multiple EU member states have similar rules and regulations.
You can download the article (in Dutch) here.
If you have any questions regarding FDI, do not hesitate to contact the competition team.