Dutch Clause

Article 22 of the EU merger regulation (Council Regulation (EC) No 139/2004 of 20 January 2004) on the control of concentrations between undertakings) that allows EU member states, within 15 days of the notification of a concentration to request the Commission to examine it, even if it does not have a “community dimension” but does affect trade between Member States and may significantly affect competition within the territory of the Member State(s). This provision was sought by the Netherlands (hence “Dutch clause”) with the intent of protecting the economies of Member States that did not have a genuine national merger control legislation or agency.

Related Terms