Netherlands Moves to Stop Large Corporations from Buying Up Small Competitors

Netherlands Moves to Stop Large Corporations from Buying Up Small Competitors

2026-09-23 community

The Hague, Wednesday, 23 September 2026.
In the first major change to Dutch merger laws since 1998, parliament approved new powers for regulators to block large corporations from buying out smaller competitors.

A Historic Vote in the Tweede Kamer

On Tuesday, September 22, 2026, the Dutch House of Representatives (Tweede Kamer) voted by a wide majority to pass an initiative bill drafted by member of parliament Julian Bushoff of the PRO party [1][3][8]. This legislative milestone marks the first major overhaul of Dutch merger and acquisition control protocols since the introduction of the Dutch Competition Act (Mededingingswet) in 1998 [3][5]. The newly approved bill grants the Authority for Consumers and Markets (ACM) the power to review and potentially block smaller mergers and acquisitions that previously escaped regulatory oversight because they fell below standard financial thresholds [1][3][5].

Targeting ‘Killer Acquisitions’ and Creeping Consolidations

The primary objective of this legislative shift is to curb two specific anti-competitive practices: ‘killer acquisitions’ and ‘kralen rijgen’ (creeping acquisitions or ‘string of pearls’) [5][6]. Killer acquisitions occur when dominant market players—frequently in the tech sector—buy up promising, highly innovative startups with the sole purpose of shutting down their development to neutralize future competition [1][4][5]. On the other hand, ‘kralen rijgen’ refers to a strategy where large, capital-backed corporations or private equity firms systematically acquire a series of small, local businesses [5][7]. Over time, this creeping consolidation can result in a single dominant entity controlling local markets [1][5].

The 50 Million Euro Threshold and Regulatory Shifts

The new legislation introduces an ‘in-call authority’ (inroepbevoegdheid) for the ACM [3][5]. Under the standard rules, a pre-merger notification is only mandatory if both participating companies each achieve an annual turnover of at least €75 million [3][5]. Under the new law, the ACM can actively step in to investigate smaller transactions on its own initiative, provided that the total turnover involved in the acquisition exceeds €50 million [3][4][5]. This €50 million floor represents a 66.667% increase from the €30 million threshold originally proposed by Bushoff, which was adjusted upward on September 3, 2026, following a successful amendment proposed by the CDA during parliamentary debates [3][7].

Next Steps and Path to Implementation

The passing of the bill in the Tweede Kamer does not mean it is immediately enforceable [3][4]. Julian Bushoff must now present and defend the initiative bill in the Dutch Senate (Eerste Kamer) [3][7]. If approved by the Senate, Minister Heleen Herbert will officially amend the Competition Act in line with the current coalition agreement [5]. The Ministry of Economic Affairs and Climate Policy anticipates that the new regulatory powers will officially take effect next year, in 2027 [4]. Crucially, the law will not apply retroactively, meaning acquisitions completed prior to its official enactment will remain unaffected [1][3].

Bronnen


startup policy killer acquisitions