Anticompetitive agreements, European Commission, Exemptions, Guidelines, Horizontal, National competition authorities (NCAs), Netherlands, Sustainability

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Sustainability as a policy priority It is no news that sustainability is an important topic of competition policy across the EU. There is clear consensus that competition law enforcement should be careful not to hinder cooperation between companies, even competitors, that facilitates the realisation of or progress towards reaching sustainability goals of climate policy (or…

Netherlands, Sustainability

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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…

Competition Law 2021, Netherlands

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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…

Netherlands, Resale price maintenance, VBER, Vertical agreements, Vertical restraints

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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…

Competition Law 2020, Digital markets, Netherlands, Sustainability

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Main developments competition law and policy 2020: The Netherlands As part of the series of posts on the main 2020 developments in key jurisdictions by many authors of the Kluwer Competition Law Blog, we provide you with an overview of developments in the Netherlands. In sum, we saw an upsurge in the enforcement of the…

Cartels, Competition law, Information exchange, Netherlands, Price fixing

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Introduction On 27 May 2020 the Dutch Authority for Consumers and Markets (“ACM”) imposed a fine of € 82 million on four cigarette manufacturers for indirect information exchanges in violation of Article 101 TFEU and 6 Dutch Competition Act. It is the first fine ACM has given for indirect information exchanges between competitors. The manufacturers…

Competition law, Damages, Liability, Litigation, Netherlands

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Introduction On 23 September 2020 a former director of one of the North Sea shrimps cartelists was held personally liable for damage of over € 13 million by the Dutch District Court of Noord-Nederland (“Court”). According to the Court, the director’s personal involvement in the cartel qualified as improperly fulfilling his duties as a director. This…

Cartels, Competition law, COVID-19, Netherlands

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Intro / Summary The Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, “CBb”) reduced a fine imposed by the Dutch Authority for Consumers & Markets (“ACM”) on an unidentified undertaking with 99%, from €1 million to €10.000,-. The ACM asked the court to lower the fine, after being urged by the…

Anticompetitive agreements, Joint ventures, Merger control, Netherlands

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Background On 20 December 2019, the Dutch Authority for Consumers & Markets (ACM) published a decision in which the commitment to dissolve the joint venture Port Towage Amsterdam (PTA) by two port towing undertakings was confirmed. This joint venture was created by the undertakings Svitzer and Iskes. ACM believed that the cooperation between the two…

Competition, Digital markets, Digitisation, Netherlands, Online platforms

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Introduction In 2019 several studies have been published and discussions took place about digitalisation, online platforms and competition law. Many of us will probably have read the so-called Crémer, Furman, Stigler, and Lear-reports. The Netherlands did not lag behind. The Dutch government published amongst others a vision on data sharing between businesses and an updated…