NETHERLANDS Trends and Developments Contributed by: Ekram Belhadj and Cees Dekker, Simmons & Simmons LLP
Simmons & Simmons LLP Claude Debussylaan 247 1082 MC Amsterdam The Netherlands Tel: +31 20 722 2368 Email: ekram.belhadj@simmons-simmons.com Web: www.simmons-simmons.com
Cartels: The Latest Developments for 2025 in the Netherlands For 2025, continuing its trajectory from previ - ous years, the Dutch Authority for Consumers and Markets (ACM) has outlined three primary areas of focus within its scope of work, which includes not only competition law but also other domains such as consumer protection, energy regulation, and telecom regulation. These are: i) the digital economy; ii) the energy transition; and iii) the development of a more sustainable economy. Additionally, the ACM has identified specific areas that require further attention, including new market investigations – distinct from cartel enforcement – into sectors such as veterinary practices, digital learning tools, and consumer pricing algorithms. It is important to highlight that the ACM will maintain oversight of other sectors and markets, even if they are not explicitly part of its 2025 focus. This ongo - ing monitoring will include areas related to car - tel enforcement, including possible distribution relationships. With respect to its oversight, the ACM stated in its 2024 annual report that its supervision is enhanced through the use of data and algo - rithms. The Taskforce Data and Algorithms (TDA) focuses on detecting potential violations, conducting quantitative analyses in cases, and
strategically deploying data and AI in enforce - ment. The ACM also indicated that the TDA is developing new forms of supervision – eg, over platforms and the use of algorithms and AI by market participants. In line with the ACM’s competition surveillance are its new powers under the Digital Markets Act (DMA), although these are not related to cartel behaviour. A new implementing act came into effect this year granting the ACM authority to investigate compliance with the DMA, which the ACM has announced it will actively utilise. Furthermore, the ACM has emphasised that it has already received multiple reports of possible violations of the DMA, which it may investigate. Several topics related to cartel behaviour and enforcement are addressed below. Sustainability collaboration The ACM has established itself as a frontrunner in Europe regarding sustainability agreements. To support companies aiming to form agree - ments that advance sustainability goals across various sectors and to address perceived obsta - cles posed by competition law, the ACM previ - ously provided informal guidance on the applica - tion of the cartel prohibition in its draft guidelines on sustainability agreements, with a second
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