On 30 January 2026, the coalition parties that will form the new government in the Netherlands published their coalition agreement, outlining the strategic priorities for the period 2026–2030 (available here in Dutch). Among many other subjects, the coalition agreement proposed several important proposals in the field of competition law and economic security.

Merger control

The Netherlands Authority for Consumers and Markets (ACM) is expected to receive new enforcement tools, including call‑in powers for transactions falling below existing merger thresholds and a new competition instrument enabling it to impose structural or behavioural measures on businesses in specific markets (the so-called new competition tool). The coalition agreement states that, in elaborating these tools, care will be taken to limit regulatory burden and uncertainty for businesses. Where call-in powers are concerned, a bill that aims at vesting the ACM with such powers has already been pending since June 2025. This bill was assessed rather critically by the Council of State. It is unclear whether the incoming coalition aims to support this bill (possibly with certain amendments to address the Council of State’s concerns) or to propose an all-new bill. With respect to the new competition tool, no draft bill has been proposed yet and discussions on the scope of the instrument are still on-going. The Minister of Economic Affairs earlier announced that he will provide an update on the call-in power and the new competition tool in the first quarter of 2026.

Foreign Direct Investment (FDI)

FDI screening will be intensified. According to the agreement, the Netherlands will tighten investment screening and block the transfer of sensitive technologies (such as photonics and quantum technologies) where strategic interests are at stake. The government will also urge the European Commission to take measures against countries that distort competition, in order to safeguard a level playing field. In addition, the Netherlands intends to strengthen ties with like‑minded (European) partners such as Canada, the United Kingdom, Japan, and Norway.

The Minister of Economic Affairs has also previously proposed adding six additional sectors to the Scope of Application of Sensitive Technology. The draft decree includes the following sectors: artificial intelligence, biotechnology, advanced materials, nanotechnology, sensor technology, navigation technology, and medical isotopes (see our earlier publication Quoted: FDI Screening in the Netherlands). These additions are expected to be adopted later this year.

Healthcare sector

With respect to acquisitions in the healthcare sector, the agreement specifies that regulators will be granted additional powers, such as the ability to temporarily halt acquisitions or act against opaque ownership structures. Although the details in respect of the additional powers are still to be published, reference is presumably made to the contemplated broadening of the healthcare-specific merger test which we have discussed before (see our earlier publications Changes to the Dutch healthcare-specific merger test and Legislative proposal for intensifying the Dutch Healthcare-Specific Merger Test open for consultation).