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What form should merger control notification take in the Netherlands and what content is required?

Both the Authority for Consumers & Markets (ACM) and the Dutch Healthcare Authority (NZa) have questionnaires which are available on their respective websites and must be answered in notifications.

The ACM requires the notifying parties to provide, among other things, information about:

  • the undertakings concerned;
  • the transaction;
  • market information; and
  • the parties’ turnovers and ancillary restraints.

Notifications must be filed as forms.

The NZa requires notifying parties to submit, among other things, information about:

  • the undertakings concerned;
  • the transaction;
  • the effect that the transaction will have on the healthcare services provided by the parties;
  • the information that the parties have shared with works and client councils within the company; and
  • the advice obtained from these councils.

If information is missing, the ACM or the NZa may stop the clock and send the parties an official request for information. The ACM usually requires the parties to answer requests for information, whereas the NZa requires the parties to amend and resubmit the form with which they notified the transaction.

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