Companies are increasingly under the magnifying glass of European and national competition authorities.

Enforcement of European law and European and national competition law has rapidly become more stringent in recent years and daily business operations increasingly require attention from a European and national competition law perspective. We take a proactive approach and thereby prevent competition law problems, both in the short and long term.

Our specialists have years of experience and in-depth knowledge of the full range of European law and European and national competition law. We advise and litigate before the administrative and civil courts in the Benelux on, and assist our clients with, issues including cartel and anti-competitive agreements, merger control, abuse of dominance, state aid, regulated markets and compliance.

Our experience, both from a legal and economic perspective, allows us to offer our clients solutions that go beyond the legal issues at hand. Clients value our versatile approach, practical advice and in-depth sector experience. We have extensive experience in virtually all sectors and especially in the energy sector, renewable or otherwise.

We have a great deal of experience in government subsidy transactions, notifications of merger transactions and conducting the defence in appeal cases. We assist in cartel investigations or appeals against rulings on restrictive agreements or State aid. These services also extend to the increasing number of private claims for compensation.

Recent experience includes:

  • Obtaining first-phase approval from the Netherlands Authority for Consumers & Markets for the purchase of Aegon N.V. by our client a.s.r.
  • Advising the Ministry of Finance and the Ministry of Economic Affairs and Climate on state aid and other competition law aspects relating to the energy transition and finding an alternative to Russian gas, and in particular advising on the acquisition of a EUR 15 billion stake in operators of the Dutch electricity grids.
  • Advising Eneco and Shell on competition law matters in their tender for an offshore wind farm.
  • Obtaining first phase approval from the European Commission for the acquisition of Wasco by our client Rexel.
  • Dawn Raids Task Force

    We employ a Dawn Raids Task Force to perform raids as part of cartel investigations. This is a fast-response task force that can be on the spot quickly from our four offices in Belgium, Luxembourg and the Netherlands. In relevant cases, we assist with advice on competition law, financial markets, data protection, criminal law and taxation.

  • Foreign Direct Investment (FDI)

    In-depth experience, sense of political policy and relationships and excellent knowledge of FDI regulations

    Multiple jurisdictions worldwide − and almost all EU Member States − have foreign direct investment screening mechanisms in place to protect their national security interests. These include sector-specific screening mechanisms and 'general' screening mechanisms. This is also the case in the Benelux. All three jurisdictions have their own general, and in some cases also sector-specific, FDI regimes in place:

    • In The Netherlands, the Investments, Mergers and Acquisitions (Security Screening) Act, a general investment screening regime, entered into force on 1 June 2023
    • In Belgium, FDI legislation entered into force on 1 July 2023
    • In Luxembourg, FDI legislation entered into force on 1 September 2023

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  • What others say
    • "NautaDutilh have an admirable knowledge of the law while still focusing on practical solutions, even in a complex environment."
      Chambers Europe 2024
    • "The team has a good grasp of complex issues and is also able to quickly get up to speed when confronted with novel issues."
      Chambers 2024
    • "The team made their analysis easy to understand, even for non-lawyers."
      Chambers Europe 2024
    • “Great knowledge of the market and sector.”
      The Legal 500 EMEA 2024
    • “A focus on finding solutions.”
      Chambers Europe 2023
    • “Provides valuable strategic input, but is also able to take a pragmatic approach.”
      Chambers Europe 2022
    • “The team combines good knowledge of competition law - and economics - with a pragmatic approach. They also take time to design an appropriate (and creative) fee arrangement suitable for any particular project.”
      The Legal 500 EMEA 2022

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