The NMa has imposed a fine of approx. EUR 1.4 million on British insurer Amlin and EUR 782,000 on the Dutch State for failure to notify Amlin’s acquisition of Fortis Corporate Insurance from the Dutch State.
Differing from the notification of concentration at EU level8, the purchaser as well as the seller has a responsibility to file concentrations meeting the Dutch merger thresholds. A fine was therefore imposed on Fortis Corporate Insurance as well as the Dutch State.
The NMa overturned the Dutch State’s argument that it could not be caught by the merger control provisions of the Dutch Competition Act since it did not qualify as an “undertaking”. Similar to the EU Merger Regulation, Dutch merger control is not limited to acquisitions by “undertakings”; it also includes acquisitions by “persons already controlling at least one undertaking”.9 The NMa considers that the term “person” in this context extends to private entities as well as public bodies, including the State itself.10