High on the agenda of the Dutch Authority for Consumers and Markets (“ACM”) is the topic of energy transition and sustainability. The ACM has started to tackle the subject this year by assessing two sustainability initiatives under the competition rules and by announcing that it will explore the opportunities that the energy law framework provides…
As part of the series of posts on the main 2021 developments in key jurisdictions by many authors of the Kluwer Competition Law Blog, we provide you with an overview of the main developments over 2021 in the Netherlands. In sum, we saw an upsurge in the enforcement of the competition rules in the Netherlands…
On 24 December 2021, the Dutch Authority for Consumers & Markets (ACM) published a summary decision finding an abuse of a dominant position by Apple. The decision dates back to 24 August 2021 but was published only last month following an injunction proceeding aimed at suspending the effects of the ACM’s decision as well as…
The Dutch competition authority ACM fined Samsung Electronics Benelux B.V. (“Samsung”) € 39,875,500 for coordinating the retail prices of Samsung television sets together with various retailers. The alleged coordination took place for five years, from January 2013 through December 2018. The ACM only published a summary of the decision dated 14 September 2021 thus far, but…
The Netherlands Authority for the Consumer and Markets’ (“ACM“) announced focus on drug price developments has finally come to a tangible enforcement result: a fine of almost EUR 20 million imposed on Leadiant, manufacturer of the orphan drug CDCA-Leadiant. This penalty decision follows the announcement by the ACM in 2018, repeated in2020 and 2021, that…
In this latest instalment of the Trucks Cartel saga, the Amsterdam District Court (“District Court”) refutes the cartelists’ arguments by ruling that the issue of the award of damages is still on the table.[1] The liability of the cartelist is thereby established. This is the first step in the actual award of damages. The next…
The draft Digital Markets Act (DMA) has been public for several months now (see a previous blog for our initial review when the draft came out) and opinions on its content continue to roll in. In brief, the DMA aims to lay down a set of rules for certain crucial platform services, so-called gatekeepers. EU…
On 6 May 2021, the European Commission (“Commission”) published its evaluation of the Horizontal Block Exemption Regulations and the Guidelines on Horizontal co-operation agreements (“HGL”) (as reported here). The evaluation indicated that revision and clarity is needed in various areas, inter alia for sustainability agreements. The Dutch Authority for Consumer & Markets (“ACM”) announced on…
On 6 May 2021, the Netherlands Authority for Consumers & Markets (“ACM”) published its updated market study (“FttH market study”) into the roll-out in the Netherlands of fibre-optic broadband networks for households (Fiber-to-the-Home). In the annex to this report, the ACM provides guidelines on how the roll-out of fibre-optic networks could be coordinated within the…
On 2 February 2021, the Netherlands Authority for Competition & Markets (the ‘ACM’) published a study on sponsored internet ranking and its effects on competition and consumer welfare. Sponsored ranking means that suppliers pay extra commission for a better ranking in the search results. Many platforms use paid search engines. The ACM has investigated whether…
