Blogs

Unlike numerous other European Member States, the Netherlands Authority for Consumers & Markets (Autoriteit Consument & Markt; “ACM’’) has stayed aloof from investigations into vertical restraints. In the past years it has not imposed any fines in either online or offline cases involving resale price maintenance. In other Member States, such as Germany and the United Kingdom, these type of restraints have in fact been scrutinized. The European Commission is now also stepping in. Read more >

Competition authorities have two instruments in investigating and penalizing cartels: the stick of high fines and the carrot of leniency for parties that come forward and report their involvement in a cartel. With regard to the carrot, the Netherlands Authority for Consumers and Markets (Autoriteit Consument en Markt; “ACM”) made significant progress last year. Unlike in the past, immunity will be possible in future after ACM has already launched an investigation into the cartel. Read more >

This last year Dutch courts have clarified the rules on what is known as the “passing on” defence. The European Commission had previously stated that it considered such a defence legitimate, but the rulings of Dutch courts in such cases were not yet unequivocal. They were able to state their opinion on this point again this last year. Read more >

ACM recently announced that after four years it has closed its investigation into possible abuse of a dominant position by AstraZeneca. ACM ultimately took the position that AstraZeneca did not have a dominant position and for that reason cannot have breached the prohibition of abuse of a dominant position. Read more >

The world is increasingly online – and the same applies to the distribution of products. The European Commission has stated that it attaches great importance to internet distribution (also known as “e‑tailing”). National competition authorities are increasingly focusing on resale price maintenance, usually combined with online distribution. That is not yet the case in the Netherlands. Read more >

The Court of Justice recently made it clear that an infringement of the cartel prohibition is a fact if it is apparent that an agreement between undertakings sufficiently distorts competition. It remains to be seen whether the judgment will have major consequences in practice.  Read more >

The Dutch telecommunications sector is on the eve of the fourth regulatory period. The Netherlands Authority for Consumers and Markets (“ACM”) will be making a number of market analysis decisions (“MA Decisions”) again soon. Those decisions will largely set the playing field in the telecom sector in the next three years. Read more >