Mergers & Acquisitions

De Brauw assisted Paulig in its acquisition of Conimex from Unilever.

De Brauw advised Pon on the sale of its remaining sales, rental and service activities for Caterpillar construction equipment in the Netherlands and Norway to the German Zeppelin Group. In 2019, Pon already sold its Caterpillar activities in Denmark and Sweden to Zeppelin. Pon will continue to focus on mobility through its automotive and bikes activities.

De Brauw advised investment firm JAB on its acquisition of Mondelez’s 86 million shares in (Euronext Amsterdam listed) JDE Peet’s for EUR 25.10 per share, representing a total purchase price of approximately EUR 2.2 billion. Additionally, JAB distributed shares of JDE Peet’s to more than 70 outside investors in JAB Consumer Partners, significantly increasing the free float of JDE Peet’s. The distribution reflects the final distribution of JDE Peet’s shares to JCP investors. As a result of these transactions, JAB’s stake in JDE Peet’s increased to 68%.

The Dutch government has unveiled a new law designed to bolster and regulate the defence and security industry in the Netherlands. The proposed Defence and Security-Related Industry Resilience Act (Defence Resilience Act) is directed at companies active in these industries and contains a number of provisions aimed at improving Dutch armed forces operations. Structured around three major pillars, the act introduces a new sector-specific foreign direct investment (FDI) screening mechanism, lays out a framework for certifying Dutch companies to compete for foreign defence contracts, and draws up measures to enhance the Dutch defence industry's production, innovation and international competitiveness in general. Companies active in defence and security-related sectors can expect changes in M&A processes, new opportunities for international contracts, and a stronger regulatory framework that aligns with EU, US and Canadian standards. This could lead to increased economic activity coupled with more regulatory hurdles and government supervision.

A bill amending the statutory shareholder dispute resolution proceedings (geschillenregeling), which we reported on in our earlier update, has been adopted by parliament and will enter into force on 1 January 2025. The proceedings provide mechanisms for resolving disputes among shareholders in Dutch companies, in particular through a forced exit. The amendments aim to enhance the effectiveness of these proceedings.

One year after it was first presented to parliament, the long-awaited Digital Markets, Competition and Consumers Act (DMCCA) received royal assent on 24 May 2024, marking a shift in digital, competition and consumer protection regulation in the UK. The DMCCA grants the Competition and Markets Authority (CMA) expanded powers to regulate the digital sector, scrutinise a broad range of mergers and acquisitions across digital and other markets, enforce consumer protection law, and strengthen competition oversight.