Skadden, Arps, Slate, Meagher & Flom LLP (JD Supra Netherlands)
"European M&A: Multifunctional Stichtings"
The use of “stichtings,” or Dutch foundations, in the M&A context became more widely known outside of Europe in 2015 in connection with Mylan N.V.'s use of a Dutch poison pill defense against Teva's unsolicited offer. The stichting Mylan relied upon is a commonplace defense mechanism in the Netherlands. Used for more than 100 years to hold individual or family assets for religious and charitable...
"Dutch Authority Follows EU by Finding Private Equity Firms Liable for Antitrust Violations of Minority Held Companies"
The Dutch competition authority (the Authority for Consumers and Markets, or ACM) has issued two decisions imposing fines on private equity firms for the participation of their portfolio company in the so-called flour cartel. The ACM’s decisions apply EU competition law in imposing parental liability for infringements of Article 101 of the Treaty on the Functioning of the European Union (TFEU) on