The Netherlands Authority for Consumers & Markets permits the establishment of a joint venture between undertakings in the healthcare sector, and clarifies when under the Dutch Competition Act a minority shareholder may exercise joint control over a concentration (Star MDC – Reinier de Graaf Groep)

Introduction On 30 May 2013 the Dutch Authority for Consumers & Markets (Autoriteit Consument & Markt, ACM) issued a decision clearing the establishment of a joint venture by two undertakings in the healthcare sector [1]. The foundations Stichting Star-Medisch Diagnostisch Centrum (Star MDC) and Stichting Reinier de Graaf Groep (RdGG) had notified the ACM of their intention to establish a joint venture some two months earlier. Although Star MDC was only going to have a minority shareholding in the new joint venture, the ACM found that the notifying parties would exercise joint control, rather than RdGG having sole control. Previous Dutch Competition Cases on Minority Shareholdings In stark contrast with the practice of the Federal Cartel Office (Bundeskartellamt, BKartA) in

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Remi Van de Calseijde, The Netherlands Authority for Consumers & Markets permits the establishment of a joint venture between undertakings in the healthcare sector, and clarifies when under the Dutch Competition Act a minority shareholder may exercise joint control over a concentration (Star MDC – Reinier de Graaf Groep), 31 May 2013, e-Competitions Bulletin May 2013, Art. N° 56336

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