NETHERLANDS Trends and Developments Contributed by: Ekram Belhadj and Cees Dekker, Simmons & Simmons LLP
sung and LG kept them consistently informed. The ACM concluded that Samsung and LG had unduly interfered directly in competition between retailers. In addition to these cases, the ACM has regu - larly issued warnings to suppliers in various sec - tors, cautioning them against influencing the resale prices of their distributors. For instance, the ACM has issued warnings to suppliers of baby and children’s products, building materi - als, bicycle and car accessories, batteries, and personal-care products for potential unlawful price influence. Notably, earlier this year, the ACM published a statement indicating that it had warned several dog-food suppliers about actual, rather than potential, price influencing. Nevertheless, the ACM has so far chosen not to start an investigation. Given the ongoing focus on price influence by suppliers, it is plausible that the ACM may initi - ate enforcement investigations aimed at penalis - ing companies in the near future. It is noteworthy that the ACM primarily targets suppliers, as the distributors were not fined in the Samsung and LG cases. Market investigations The ACM has the general authority to conduct market investigations without needing a reason - able suspicion of a violation of the Dutch Com - petition Act. These investigations can aim to identify potential competition issues and make recommendations to the legislator to resolve any problems, provided these issues do not stem from cartel behaviour. In cases where cartel behaviour is identified, the ACM can proceed with enforcement actions. The most recently completed investigation focused on banks in the savings market, where
the ACM found that a lack of competition among banks is a significant cause of low interest rates for consumers in the Netherlands, and it made recommendations to the legislator to address this. However, the ACM cannot intervene direct - ly, as there is no cartel behaviour involved. Additionally, the ACM currently lacks the author - ity to intervene on other grounds in markets where competition issues are identified but where there is no violation of the Competition Act. For this reason, the ACM has long advo - cated for an additional power to impose obliga - tions or remedies in such markets, known as the “New Competition Tool” (NCT). The ACM also used the bank investigation to emphasise the importance of an NCT power. This effort seems to be intensifying, as it announced in early 2025 that it would conduct five market investigations in the following areas: veterinarians, education tools (including digital ones), computer-driven consumer pricing, the budget segment of the fixed broadband market, and hydrogen. Subse - quently, it released a document titled “Procedure for Market Investigations” , outlining the process it follows in conducting a market investigation, which consists of eight steps, seemingly to illus - trate how it envisions using a potential new NCT power. The investigation into veterinary servic - es for pets has already begun, with the ACM recently presenting its research methods in line with the mentioned Procedure for Market Inves - tigations and consulting stakeholders on them. As part of market investigations, the ACM requests information from companies in the rel - evant sector. If, during such an investigation, the ACM encounters potential violations of the cartel prohibition, it can take enforcement action under the Competition Act.
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