Dutch Competition Authority

Modulaire fined for failing to notify ACM of acquisition of competitor* The Netherlands Authority for Consumers and Markets (ACM) has imposed on Modulaire, a manufacturer of modular homes, a fine of 1.85 million euros for having failed to notify ACM on time of an acquisition. Martijn Snoep, (...)

Providers of pilgrimage packages have stopped selling them or have taken travel guarantee measures following ACM action* Six providers of pilgrimage packages that the Netherlands Authority for Consumers and Markets (ACM) had previously compelled to take the necessary travel guarantee measures (...)

ACM investigates possible cartel in street-furniture and road-furniture market* The Netherlands Authority for Consumers and Markets (ACM) is currently conducting an investigation into a possible cartel in the street-furniture and road-furniture market. As part of that investigation, ACM (...)

ACM anticipates savings for Dutch households of up to 200 million euros per year because of fiber-optic arrangements* The Netherlands Authority for Consumers and Markets (ACM) has published a draft decision following recent proposals from Dutch telecom operator KPN and fiber-optic company (...)

Further investigation needed into acquisition of waste-management company AEB by AVR* The Netherlands Authority for Consumers and Markets (ACM) has decided that a further investigation is needed into the acquisition of waste-management company Afval Energie Bedrijf Amsterdam (AEB) by rival (...)

ACM to assess adjusted proposal of Apple regarding its conditions for dating apps* On Sunday, March 27, Apple adjusted its proposal concerning compliance with the requirements set by the Netherlands Authority for Consumers and Markets (ACM) under Dutch and European competition rules. ACM (...)

ACM fines Dutch trade association for pharmacies for failing to notify ACM of acquisition of four pharmacies* The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine of 350,000 euros on VNA, the Dutch trade association for pharmacies, for failing to notify ACM on time of (...)

ACM favors collaborations between businesses promoting sustainability in the energy sector* The Netherlands Authority for Consumers and Markets (ACM) is in favor of two initiatives where competitors work together. ACM says that these initiatives help make the energy sector more sustainable, (...)

Erasmus University Medical Center and IJsselland Hospital withdraw application for acquisition license* Erasmus University Medical Center (Erasmus MC) in the city of Rotterdam will not acquire IJsselland Hospital located in the town of Capelle aan den IJssel. The hospitals have informed the (...)

ACM : Developing a new app is an unnecessary and unreasonable condition that Apple imposes on dating-app providers* The Netherlands Authority for Consumers and Markets has concluded that the revised conditions that Apple has imposed on dating-app providers are unreasonable, and create an (...)

Drug manufacturer Pfizer to discontinue its steering pricing structure for Enbrel following discussions with ACM* Drug manufacturer Pfizer will no longer persuade hospitals in the Netherlands into purchasing anti-rheumatic drug Enbrel through its discount schemes. Pfizer has informed the (...)

Extensive investigation needed into merger between RTL and Talpa* The planned merger between media companies RTL and Talpa requires an extensive investigation. The preliminary investigation of the Netherlands Authority for Consumers and Markets (ACM) has revealed that the merger between these (...)

ACM obliges Apple to adjust unreasonable conditions for its App Store* The Netherlands Authority for Consumers and Markets (ACM) has ordered Apple to adjust the unreasonable conditions in its App Store that apply to dating-app providers. Dating-app providers are currently not able to choose (...)

ACM blocks acquisition of Maritskliniek by Bergman Clinics* After a thorough investigation, the Netherlands Authority for Consumers and Markets (ACM) has decided to block the planned acquisition of Dutch health care provider Mauritskliniek by rival provider Bergman Clinics. ACM has concluded (...)

ACM blocks acquisition of Eurocept Homecare by Mediq* ACM blocks acquisition of Eurocept Homecare by Mediq The Netherlands Authority for Consumers and Markets (ACM) has blocked the acquisition of Eurocept Homecare by Mediq. ACM has come to the conclusion that, through the acquisition, Mediq (...)

ACM conditionally clears the merger between Dutch supermarket chains Plus and Coop* The Netherlands Authority for Consumers and Markets (ACM) has conditionally cleared the merger between Dutch supermarket chains Plus and Coop. ACM has attached the condition that 12 supermarket locations must (...)

ACM investigates possible cartel in the food processing sector* The Netherlands Authority for Consumers and Markets (ACM) is carrying out an investigation into a possible cartel in the food processing sector. As part of that investigation, ACM recently conducted dawn raids at several companies (...)

Further investigation needed into acquisition of holiday village park chain Landal by rival chain Roompot* The Netherlands Authority for Consumers and Markets (ACM) has decided that a further investigation is needed into the acquisition of holiday village park chain Landal by rival chain (...)

ACM suspends investigation into possible wage-fixing cartel between supermarkets after conclusion of collective agreement* There are indications that several supermarkets in February made arrangements regarding a limited wage increase of 2.5 percent for their employees. This was found by the (...)

Food suppliers can file reports about unfair commercial practices with ACM* The positions of farmers, growers, and fishermen vis-à-vis major buyers have been strengthened. That is the result of the new Dutch Act regarding unfair commercial practices in the agricultural and food supply chain. (...)

Dutch regulators strengthen oversight of digital activities by intensifying cooperation* The Netherlands Authority for Consumers and Markets (ACM), the Dutch Data Protection Authority (AP), the Dutch Authority for the Financial Markets (AFM), and the Dutch Media Authority (CvdM) will work (...)

ACM imposes fines for price-fixing agreements involving the purchase of used cooking oil* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines, totaling almost four million euros, on two major collectors of used cooking oil, for making cartel agreements regarding the (...)

ACM fines Samsung over 39 million euros for influencing the online prices of television sets* The Netherlands Authority for Consumers and Markets (ACM) imposes a fine of over 39 million euros on Samsung Electronics Benelux B.V. (Samsung). From January 2013 through December 2018, Samsung (...)

ACM : Conditions attached to newspaper delivery no longer necessary* On August 30, 2021, the Netherlands Authority for Consumers and Markets (ACM) decided to grant the request submitted by DPG Media to lift the conditions regarding the distribution of newspapers. These conditions were attached (...)

After follow-up investigation, ACM still conditionally clears acquisition of Iddink Group by Sanoma Learning* Publisher Sanoma Learning is allowed to acquire Iddink Group, a distributor of educational materials. Following a court ruling, the Netherlands Authority for Consumers and Markets (...)

ACM clears acquisition of three floriculture-product transport companies by Dutch cooperative Royal FloraHolland* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of three transport companies specialized in the handling of flowers and plants by Royal Flora (...)

Concentration in veal sector : ACM clears acquisition of Van Dam by Van Drie* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of the Dutch activities of veal company Van Dam by rival company Van Drie Group. Following an extensive investigation into the (...)

ACM closes investigation into possible violation of competition rules in home-decor sector* The Netherlands Authority for Consumers and Markets (ACM) has closed its investigation into a possible violation of competition rules in the home-decor sector. ACM gives priority to other (...)

ACM imposes fine on drug manufacturer Leadiant for CDCA’s excessive price* The Netherlands Authority for Consumers and Markets (ACM) has established that drug manufacturer Leadiant charged far too high a price for its prescription drug CDCA-Leadiant. As such, Leadiant abused its dominant (...)

ACM explores regulation of access to telecom networks* Over the past few months, the Netherlands Authority for Consumers and Markets (ACM) has carried out studies into whether consumers and businesses could benefit from better price-quality ratios for their broadband, television, fixed (...)

ACM sees more and more mergers with anticompetitive risks* The Netherlands Authority for Consumers and Markets (ACM) has seen an increase in the number of mergers that require further investigation because of possible risks for the mergers having negative consequences. At the moment, ACM is (...)

ACM : COVID-19 pandemic does not cause problems for open internet* In Europe, internet providers must treat internet traffic in a non-discriminatory manner, enabling the Internet to grow and evolve freely and independently. That means, for example, that they are not allowed to block or (...)

Closure of the investigation into payment apps confirms need for new rules* The Netherlands Authority for Consumers and Markets (ACM) will close its investigation into payment apps’ access to NFC technology installed in devices such as smartphones. NFC technology offers the ability to make (...)

ACM : elderly care provider Omring meets conditions attached to acquisition of rival provider Vrijwaard* Elderly care provider Omring has received clearance needed to complete the acquisition of rival provider Vrijwaard in the northern Dutch city of Den Helder. With the sale of the care (...)

ACM can continue its investigation into the Apple App Store* The investigation of the Netherlands Authority for Consumers and Markets (ACM) into Apple’s App Store complements the investigations of the European Commission into the App Store. All of these investigations can be conducted next to (...)

ACM to draw up guidelines regarding competition rules in order to mitigate ‘vendor lock-in’ in health care IT* The Netherlands Authority for Consumers and Markets (ACM) will draw up guidelines that will clarify the competition rules for IT suppliers in health care. ACM has found that, in many (...)

Further investigation needed into the acquisition of Mauritskliniek by Bergman Clinics* The Netherlands Authority for Consumers and Markets (ACM) has not yet cleared the acquisition of health care provider Mauritskliniek by rival provider Bergman Clinics. ACM wishes to conduct a further (...)

ACM clears acquisition of gas company Primagaz by rival company Benegas* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of gas company Primagaz Nederland by rival company Benegas. ACM does not expect the acquisition to lead to any price increases. The gas (...)

ACM launches market study into cloud services* The Netherlands Authority for Consumers and Markets (ACM) has launched a study in order to find out whether the market for cloud services is functioning well for people and businesses in the Netherlands. The objective of the first phase of this (...)

Further investigation needed into the acquisition of Eurocept and Excellent Clinics by Mediq* Mediq Nederland wishes to acquire Eurocept Homecare and Excellent Clinics. Mediq and Eurocept supply, among other products, medical aids and medical nutrition to patients that receive care at home. In (...)

Google to require providers to add information about data use to apps in its app store* In its app store Google Play, Google will require app providers to indicate what personal data each app uses. Google will introduce this requirement this summer. Apple already implemented this requirement (...)

European Commission to investigate acquisition of pharmaceutical firm GRAIL by biotech firm Illumina* The European Commission will investigate the acquisition of US pharmaceutical company GRAIL by US biotechnology company Illumina. Various European countries, including the Netherlands, support (...)

Further investigation needed into acquisition of three floriculture-product transport companies by Dutch cooperative Royal FloraHolland* Royal FloraHolland (RFH), a Dutch cooperative of floriculture growers, wishes to acquire three transport companies specialized in the handling of flowers and (...)

Further investigation needed into acquisition of gas company Primagaz by rival company Benegas* Gas company Benegas wishes to acquire rival company Primagaz Nederland. The Netherlands Authority for Consumers and Markets (ACM) has come to the conclusion that a further investigation is needed (...)

ACM launches a study into the functioning of algorithms in practice* Today, the Netherlands Authority for Consumers and Markets (ACM) launched a trial in which it seeks to find out how it can monitor in practice the functioning of algorithms that businesses use. ACM wants to use this knowledge (...)

Apple informs consumers about the data use of apps following call from regulators worldwide* Apple will indicate in its App Store what personal data each app uses. Starting today, app providers are required to include such information on their products’ pages in app stores. This information (...)

ACM launches an investigation into users’ freedom of choice regarding payment apps on smartphones* The Netherlands Authority for Consumers and Markets (ACM) has launched an investigation into payment apps’ access to NFC communication (‘Near-Field Communication’). NFC communication offers the (...)

Big Tech and the Dutch payment market : tightening of rules needed to maintain a level playing field* Big Tech companies such as Apple, Facebook, Amazon, or Ant Group (Alibaba) must ensure that their platforms or devices are suitable for different providers of payment services. The Netherlands (...)

ACM clears acquisition of northern newspapers by media company Mediahuis* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of Dutch publisher NDC mediagroep by Mediahuis. NDC is a relatively small competitor on the newspaper market. The acquisition will not (...)

ACM clears acquisition of Dutch telecom operator Simpel by rival operator T-Mobile* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of telecom operator Simpel by rival operator T-Mobile. Over its fixed and mobile networks, T-Mobile offers consumers various (...)

ACM : insurers are allowed to introduce joint scheme for handling vehicle-damage claims* Insurers in the Netherlands are allowed to introduce a scheme that will enable them to handle cases involving damage to vehicles in a faster and more simplified manner. Currently, consumers that have (...)

ACM clears acquisition of parts of health care provider Careyn by Thebe after transfer of district nursing in two towns* The Netherlands Authority for Consumers and Markets (ACM) has conditionally cleared health care provider Thebe Wijkverpleging to acquire some of the activities of rival (...)

Dutch health insurers may distribute the additional costs of effects of the coronavirus crisis among each other* This year, Dutch health insurers may distribute the additional costs of the effects of the coronavirus (COVID-19) crisis among themselves. The Netherlands Authority for Consumers (...)

Dutch tour operator Sunweb is allowed to acquire rival operator Corendon* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of Dutch tour operator Corendon by rival operator Sunweb. ACM has looked at the competitive landscape with respect to beach holidays (...)

ACM clears acquisition of container terminal of APM Terminals by ECT’s parent company* The Netherlands Authority for Consumer and Markets (ACM) has cleared Hutchison Ports Netherlands, parent company of container terminal operator ECT, to acquire container terminal APM Terminals Rotterdam. ACM (...)

ACM : rates charged by ATM operator Geldmaat to other banks not unreasonable, information about its services to be more transparent* The Netherlands Authority for Consumers and Markets (ACM) has established that the rates that Dutch ATM operator Geldmaat charges other Dutch banks for using the (...)

Four cigarette manufacturers fined 82 million euros for distorting competition* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines totaling more than 82 million euros on four major cigarette manufacturers. Between July 2008 and July 2011, they distorted competition. (...)

ACM closes investigation into drug manufacturer AbbVie, competitors get more room now* Drug manufacturer AbbVie has stated that it will not force hospitals to purchase exclusively or to a large extent from AbbVie through discount schemes (or rebate programs). AbbVie has made these assurances (...)

ACM draws up rules of thumb for sustainability claims* The Netherlands Authority for Consumers and Markets (ACM) has drawn up rules of thumb for sustainability claims that businesses use when selling their products and services. With these rules of thumb, ACM believes that businesses will (...)

ACM launches market study into information systems and information exchange in the hospital sector* The Netherlands Authority for Consumers and Markets (ACM) wishes to gain more insight into the functioning of the markets for hospital information systems, and into the digital exchange of (...)

ACM does not see any major obstacles, but does see risks if network companies also act as heat network operators* At the request of the Dutch Ministry of Economic Affairs and Climate Policy (EZK), the Netherlands Authority for Consumers and Markets (ACM) has issued additional recommendations (...)

Dutch supermarkets offer chicken meat that is more sustainable without any anticompetitive agreements* Dutch supermarkets nowadays offer a lot more chicken-meat varieties where the chickens have lived better lives. Virtually all of the chicken meat varieties currently on offer have been (...)

ACM clears acquisition of Dutch educational institution LOI by rival institution NCOI* The acquisition of Dutch educational institution LOI by rival institution NCOI has been cleared. Both LOI and NCOI offer professional courses, as well as accredited vocational programs (predominantly (...)

ACM conditionally clears acquisition of elderly care provider Vrijwaard by rival provider Omring* The acquisition of elderly care provider Vrijwaard in the northern Dutch city of Den Helder by rival provider Omring has been conditionally cleared. One of the conditions set by the Netherlands (...)

Smaller businesses in particular lag behind in their awareness of distortion of competition* Most companies that are active in the Dutch ports and in port-related markets say they comply with the rules on fair competition. Yet, smaller companies in particular do not know the rules very well. (...)

Roofing contractors fined for distortion of competition in tender process* The Netherlands Authority for Consumers and Markets (ACM) has fined two roofing contractors for distorting competition in a tender process. An Amsterdam-based firm wanted to get the best price for a roof renovation (...)

Acquisition of Corendon by Sunweb requires further investigation* A further investigation is needed into the effects that the acquisition of Dutch tour operator Corendon by rival operator Sunweb will have on competition. Sunweb therefore cannot yet acquire Corendon. That is what the (...)

ACM extends its investigation into orphan drug CDCA-Leadiant* The Netherlands Authority for Consumers and Markets (ACM) extends its investigation into the orphan drug CDCA manufactured by Leadiant. The investigation focuses on the question whether the manufacturer abuses a dominant position in (...)

ACM offers guidance for collaborations between telecom operators in the roll-out of mobile networks* Well-functioning mobile services are crucial for the Netherlands. Data consumption in 2019 increased by more than 30% compared with 2018, and more than tenfold compared with five years ago. (...)

ACM resumes dawn raids, interrogations, and public hearings* The Netherlands Authority for Consumers and Markets (ACM) has resumed conducting unannounced dawn raids and interrogations as part of investigations into possible violations committed by companies. In addition, ACM has resumed (...)

ACM : room for collaboration involving the distribution of essential drugs for COVID-19 patients* Hospitals, hospital pharmacies, and pharmaceutical wholesalers are allowed to collaborate closely with each other during the current coronavirus (COVID-19) outbreak in order to prevent or reduce (...)

Mobility service provider Pon en Dutch Railways NS are conditionally allowed to create travel app together* Dutch Railways NS and Pon are allowed to create a new company, which will operate an app that allows consumers to plan, book and pay for their trips, combining different modes of (...)

ACM clears acquisition of educational institution TIO by rival institution NCOI* Dutch educational institution NCOI is allowed to acquire rival institution TIO University of Applied Sciences. Both TIO and NCOI offer professional courses, as well as accredited vocational programs at the upper (...)

ACM recommends Dutch government to include a requirement to cooperate in the tender conditions for a new train service to Germany* A requirement to cooperate with other market participants may be included in the concession conditions of the international rail service between the Dutch city of (...)

ACM suspends enforcement proceedings against Dutch postal operator PostNL* The Netherlands Authority for Consumers and Markets (ACM) has decided to suspend its enforcement proceedings against Dutch postal operator PostNL, which had been initiated following a request for enforcement filed by (...)

ACM : Health insurers are allowed to give health care providers financial support collectively during Coronavirus crisis* Health insurers are allowed to make collective arrangements to provide financial support to health care providers during the Coronavirus (COVID-19) crisis. More (...)

Dutch trade association of civil-law notaries to adjust information on passing on fees* The Netherlands Authority for Consumers and Markets (ACM) has urged the Royal Dutch Association of Civil-law Notaries (KNB) to adjust the information about passing on a fee for the ’Notarial Quality Fund (in (...)

ACM clears acquisition of publishing company Sanoma Media by rival publisher DPG Media* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of publishing company Sanoma Media Netherlands by rival publisher DPG Media (formerly De Persgroep Nederland). After the (...)

ACM’s oversight during the Coronavirus crisis* The current Coronavirus outbreak has far-reaching effects on people and businesses. These are extraordinary times. ACM is closely monitoring economic developments, and is ready to answer any questions about collaborations that companies wish to (...)

ACM’s oversight during the Coronavirus crisis* The current Coronavirus outbreak has far-reaching effects on people and businesses. These are extraordinary times. ACM is closely monitoring economic developments, and is ready to answer any questions about collaborations that companies wish to (...)

ACM conducts investigation into possible buyer cartel involving reusable waste products* The Netherlands Authority for Consumers and Markets (ACM) is conducting an investigation into a possible buyer cartel involving certain reusable waste products. As part of this investigation, ACM conducted (...)

ACM clears acquisition of InterXion by Digital Realty* The acquisition of InterXion by data center Digital Realty has been cleared. Both companies commercially exploit data centers in major cities around the world, including Amsterdam. The Netherlands Authority for Consumers and Markets (ACM) (...)

JOINT VENTURE PORT TOWAGE AMSTERDAM TO BE DISSOLVED, FOLLOWING AN INVESTIGATION OF ACM* Joint ventures cannot be used for circumventing competition rules. The Netherlands Authority for Consumers and Markets (ACM) investigated the joint venture Port Towage Amsterdam (PTA). This joint venture (...)

ACM AND THE FRENCH COMPETITION AUTHORITY HAVE WORKED TOGETHER IN FINING A FRENCH CARTEL* The French competition authority today imposed fines, totalling 58.3 million euros, on seven food companies for concluding anticompetitive arrangements regarding the selling of apple sauce. These companies (...)

ACM HAS IMPOSED A FINE OF 1.84 MILLION EUROS FOR DELETING WHATSAPP CHAT CONVERSATIONS DURING A DAWN RAID* The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine on a company for obstructing an ACM investigation. During a recent dawn raid, employees of the company under (...)

Following an ACM investigation, media company OMS is to adjust its discount scheme for radio advertising spots* From January 1, 2020, Dutch media company One Media Sales (OMS) will stop offering its so-called ‘budget-share discount’ when selling radio advertising spots. OMS has made this (...)

Further investigation needed into joint venture of asphalt plants of construction companies BAM and Heijmans* The plans of Dutch construction companies BAM and Heijmans to combine their asphalt plants have not yet been cleared by the Netherlands Authority for Consumers and Markets (ACM). BAM (...)

Market study into major tech firms on Dutch payments market* At the request of the Dutch Minister of Finance, the Netherlands Authority for Consumers and Markets (ACM) has launched a market study into the activities of major tech firms (so-called Big Techs) on the Dutch payments market. (...)

Banketgroep Holding International may acquire Nieuwko Holding (merger decision)* Banketgroep Holding International BV may acquire Nieuwko Holding BV. This was decided by the Netherlands Authority for Consumers & Markets (ACM) on September 27, 2019. Sufficient competition will remain after (...)

ACM clears acquisition of Intertoys by Mirage* Mirage Holdings B.V. wishes to acquire Intertoys B.V. On 4 September 2019, these firms requested the Netherlands Authority for Consumers and Markets (ACM) for clearance for this acquisition. Mirage Holdings B.V. operates the retail chains Blokker (...)

ACM does not grant a license for the acquisition of postal operator Sandd by PostNL* Having conducted a thorough investigation, the Netherlands Authority for Consumers and Markets (ACM) has decided not to grant a license for the acquisition of postal operator Sandd by rival operator PostNL. (...)

ACM conditionally clears acquisition of Iddink Group by Sanoma Learning* Publisher Sanoma Learning is allowed to acquire Iddink Group, a distributor of educational materials. Iddink Group also owns Magister, a learning management system (LMS) that many secondary schools in the Netherlands use. (...)

Further investigation needed into merger between providers of nursing home care in city of Den Helder* Two health care providers, Stichting Omring and Stichting Vrijwaard, in the northern Dutch city of Den Helder wish to merge. They have informed the Netherlands Authority for Consumers and (...)

Court of Appeal ruling on the (digital) working method of the ACM* The Court of Appeal in The Hague has ruled – just like the preliminary relief judge in The Hague did before – that the way ACM conducts investigations and conducts raids on companies is not in conflict with the law. According to (...)

ACM investigates price-fixing agreements between consumer-goods manufacturers and retailers* The Netherlands Authority for Consumers and Markets (ACM) has launched an investigation into price-fixing agreements between consumer-goods manufacturers and retailers (including online retailers). ACM (...)

ACM clears merger between pharmaceutical companies Aurobindo and Apotex* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of pharmaceutical company Apotex by rival company Aurobindo. The clearance was granted after the companies had proposed to sell (...)

ACM has launched a sector inquiry into anti-rheumatic drugs* The Netherlands Authority for Consumers and Markets (ACM) has launched a sector inquiry into TNF inhibitors, a type of drug mainly used to treat rheumatism. TNF inhibitors are, in the Netherlands and globally, a type of prescription (...)

Collaboration between Bundeskartellamt and ACM leads to fines in towage sector* Today, the German competition authority, the Bundeskartellamt, announced it has imposed fines on three undertakings and their executives, totaling approximately EUR 13 million in connection with their involvement (...)

No dominant market power among online video streaming platforms* The Netherlands Authority for Consumers and Markets (ACM) has conducted a market study into online video platforms such as YouTube, Facebook, Netflix, and Dumpert. ACM did not find any indications for anticompetitive risks on the (...)

ACM calls port industry’s attention to competition rules* The Netherlands Authority for Consumers and Markets (ACM) has sent a letter explaining the basic rules regarding fair competition to over 3,500 businesses based in Amsterdam and Rotterdam that are active in the ports of those cities. ACM (...)

ACM CLEARS ACQUISITION OF VODAFONE THUIS BY T-MOBILE* Telecom provider T-Mobile is allowed to acquire the fixed-telecom division of Vodafone Netherlands. Vodafone has branded this division ‘Vodafone Thuis,’ which offers services for fixed telephony, TV, and internet. The Netherlands Authority (...)

Taking a closer look at online video platforms* The Netherlands Authority for Consumers and Markets (ACM) has launched a market study into online platforms that offer videos and movies. Think of YouTube and Facebook, but also Dutch platforms such as NL-ziet and Dumpert. "We will be taking a (...)

ACM lowers fines for bell pepper cartel* ACM reduces the fines for participants in the bell pepper cartel to 1,630,000 euros. The original fines of 14 million euros to three cooperatives and two implementing organizations date from 2012. The parties fined had lodged an appeal. ACM lowers the (...)

Court ruling fine laundries cartel* On 8 December 2011, ACM imposed fines on four laundries that provide textiles for healthcare institutions for violation of the Competition Act. The laundries had divided the Netherlands into districts and agreed that they would each have a district. It was (...)

ACM fines cartel of manufacturers of concrete garages* The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine on a cartel of manufacturers of prefabricated concrete garages. The two largest manufacturers of such garages, Rekers Betonwerk and Juwel Betonbauteile, had (...)

ACM CLEARS ACQUISITION OF DA GROUP BY RIVAL HOLLAND PHARMA* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of the DA group by Holland Pharma Exploitatie B.V. Both Holland Pharma and DA are wholesale companies that trade in drugstore items. In addition, DA (...)

Statements CBb fine silver onion cartel* The Trade and Industry Appeals Tribunal (CBb) has upheld the fines imposed on growers and processors of silver onions on appeal. What is the case about ? On 25 May 2012, ACM imposed fines of more than 8 million euros on growers and processors of (...)

ACM imposed fines of EUR 12.5 million on cold-storage firms* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines, totaling almost EUR 12.5 million, in three cases on four companies in the cold storage industry (freezing and refrigerated storage). Five executives were (...)

ACM : postal company PostNL must stop frustrating its competitors* Dutch postal company PostNL failed to share clearly with other postal companies part of its tariffs and conditions for mail delivery. Consequently, Van Straaten Post and Intrapost, two smaller rival postal companies, did not (...)

Decision on objection fine in cartel case Leesmappen* The Netherlands Authority for Consumers and Markets (ACM) maintains its opinion that the reading folder companies have made agreements that restrict competition. On November 7, 2013, ACM fined thirteen companies that distribute reading (...)

ACM fines natural-vinegar manufacturers for cartel agreement* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines on two manufacturers of natural vinegar (also known as white or distilled vinegar), which are Kühne and Burg, for having made cartel arrangements. Burg is (...)

ACM prohibits proposed merger between two Dutch hospital groups* The Netherlands Authority for Consumers and Markets (ACM) has not approved the proposed merger of two hospital groups in the southwestern part of the Netherlands, near the cities of Dordrecht and Gorinchem : Albert Schweitzer (...)

ACM prohibits proposed merger between two Dutch hospital groups* The Netherlands Authority for Consumers and Markets (ACM) has not approved the proposed merger of two hospital groups in the southwestern part of the Netherlands, near the cities of Dordrecht and Gorinchem : Albert Schweitzer (...)

ACM imposes fines on investment firms in cartel case* Investment firms that own businesses can be held accountable for violations of the Dutch Competition Act committed by those businesses, if the investment firms have decisive influence over them. This is one of the conclusions of a decision (...)

ACM clears merger between three northern care providers* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger of three care providers in the northern Dutch province of Friesland, which are Kwadrantgroep, Antonius Zorggroep and Nij Smellinghe/Pasana. These three care (...)

KPN fined for putting competitors at a disadvantage with regard to its business call-forwarding service* Dutch telecom company KPN is required to inform in advance competitors that use its network about what services KPN will offer to its own business customers. In addition, KPN must in a (...)

ACM closes investigation into AstraZeneca* The Netherlands Authority for Consumer and Markets (ACM) has carried out an investigation into the large price difference between the price that international pharmaceutical company AstraZeneca asked for heart burn drug Nexium sold inside hospitals, (...)

The Netherlands finalises important part of the Third Energy Package* Transmission system operator BritNed Development Ltd. has received an unbundling certificate from the Netherlands Authority for Consumers & Markets (ACM). BritNed has demonstrated to comply with the ‘unbundling (...)

ACM sees points for attention in the business text messaging market* The Netherlands Authority for Consumers & Markets (ACM) has carried out an exploratory study into possible risks to competition in the business market for text messaging services. Given the conclusions of the study, ACM (...)

Further investigation needed into planned acquisition of Reggefiber by KPN* The Netherlands Authority for Consumers and Markets (ACM) will launch a more detailed investigation into the planned acquisition of Dutch fiber-optic company Reggefiber by Dutch telecom provider KPN. In 2008, ACM (...)

Buma/Stemra promises ACM to offer more options in music copyright management* Dutch copyright collecting society Buma/Stemra will offer composers and songwriters more options in the management of their music copyrights. This has been laid down in a commitment Buma/Stemra made to the (...)

CBb ruling in the Tree Nurseries case* On April 10, 2014, the Trade and Industry Appeals Tribunal (CBb) ruled in the Tree Nurseries case. The CBb confirms that the companies involved, always in varying composition, made agreements prior to tendering tenders for supplies of tree nursery (...)

ACM : merger between cable companies UPC and Ziggo should be assessed in the Netherlands* The Netherlands Authority for Consumers and Markets (ACM) is convinced that the merger between cable companies UPC and Ziggo should be assessed in the Netherlands. ACM has therefore requested the European (...)

Rotterdam court ruling on silver onion cartel* On 25 May 2012, ACM (then NMa) imposed fines totaling more than EUR 9 million on companies that grow and process silver onions for violating the Dutch and European cartel prohibition. The companies concerned, with a large joint market share, had (...)

Providing ‘bare’ data by RDW is not an economic activity* Providing ‘bare’ data about license plates for free or for a small fee by RDW, the Dutch national motor vehicle and driving license registration authority, is not an economic activity. This was revealed by an analysis that the Netherlands (...)

ACM orders KPN to hand over information that has been withheld* On January 31, 2014, the Netherlands Authority for Consumers and Markets (ACM) twice imposed an order subject to periodic penalty payments on Dutch telecom company KPN ordering the company to hand over to ACM information it had (...)

ACM : MasterCard lowers tariffs for credit card payments* Over the next two years, financial-services company MasterCard will lower the tariffs that banks charge each other for processing domestic credit-card payments. As a result, businesses such as in retail and the hospitality industry will (...)

ACM clears merger between two eastern Dutch hospitals* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger between two hospitals in the eastern Dutch provinces of Overijssel and Drenthe. These hospitals are the Noorderboog hospital in the city of Meppel and the (...)

ACM issues decision on objection regarding the establishment of new GPs* In late-2011, the Netherlands Authority for Consumers and Markets (ACM) imposed a fine on the Dutch National Association of General Practitioners (LHV). Following an objection filed by LHV, ACM has reviewed the case (...)

Telecom company T-Mobile is allowed to restrict free internet access on board trains* The Netherlands Authority for Consumer and Markets (ACM) has concluded that Dutch telecom company T-Mobile is allowed to block certain services such as YouTube and Spotify on the free Wi-Fi-network on board (...)

ACM clears merger between hospitals Bronovo and Medisch Centrum Haaglanden* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger between hospital groups Medisch Centrum Haaglanden (MCH) and Bronovo in The Hague. In the post-merger situation, health insurers will (...)

ACM wants more competition in energy-neutral-housing renovation project* The Netherlands Authority for Consumers & Markets (ACM) has recommended the four construction companies and six public-housing corporations that joined forces in the project ‘De Stroomversnelling’ to open up the project (...)

ACM fines KPN for putting competitors at a disadvantage in government tender* The Netherlands Authority for Consumers and Markets (ACM) imposed a fine of almost EUR 30 million on Dutch telecom company KPN. KPN committed a violation in the government tender for fixed telephony services for (...)

ACM clears creation of proton-therapy joint venture The Netherlands Authority for Consumer and Markets (ACM) has cleared the creation of ‘HollandPTC,’ a joint venture for proton therapy between TDH Services (part of Delft University of Technology), Erasmus Holding and Leiden University Medical (...)

Two Dutch publishing firms are allowed to rent out ebooks together* The Netherlands Authority for Consumer and Markets (ACM) has cleared the planned collaboration between two Dutch publishing companies, Lannoo Meulenhoff and WPG Uitgevers, to offer ebooks rentals to consumers together. The (...)

ACM to appeal Court’s ruling against use of wiretap data* The District Court of Rotterdam has prohibited the Netherlands Authority for Consumers and Markets (ACM) in two cases from using data obtained through wiretaps, which ACM had been provided by the Dutch Public Prosecution Service (OM). In (...)

ACM in favor of clearer contracts with breweries* The Netherlands Authority for Consumers and Markets (ACM) calls for clearer and simpler contracts between breweries and business owners in the accommodation and food services industry. Clearer and simpler contracts help strengthen the position (...)

NMa Fines Mobile Telephone Operators EUR 88 Million* The Netherlands Competition Authority (NMa) has imposed fines totalling EUR 88,000,000 on Ben Nederland B.V., Dutchtone N.V., KPN Mobile N.V., O2 (Netherlands) B.V. and Vodafone Libertel N.V. NMa has established that these companies (...)

NMa Approves Acquisition of Casema by Carlyle and Providence* The Netherlands Competition Authority (NMa) approved on 23 December 2002 the acquisition of Casema Holding B.V. by The Carlyle Group LLC and two funds of the Providence Equity group. These investors do not have any cable or media (...)

NMa Sets Conditions for Wegener Daily Newspapers in Gelderland* Wegener may not increase the prices of the company’s daily newspapers in Gelderland more than in the rest of the country. The regional editions of De Gelderlander must be maintained and Wegener must support new entrants. The (...)

NMa Will Also Conduct Intensive Investigations into the Construction Industry in 2003* The Netherlands Competition Authority (NMa) will continue its intensive investigation into possible infringements of the Competition Act in the construction sector in 2003. NMa will continue to monitor the (...)

NMa Does Not Approve Health Insurers’ ’Solidarity Protocol’* The Netherlands Competition Authority (NMa) has not approved the so-called ’Solidarity Protocol’ of the private health insurers united in Zorgverzekeraars Nederland (ZN). According to NMa, these agreements restrain competition between (...)

NMa Fines KWS for Refusal to Co-operate* The Netherlands Competition Authority (NMa) has imposed fines totalling EUR 27,000 (twenty-seven thousand euros) on Koninklijke Wegenbouw Stevin (KWS) due to its refusal to co-operate with certain parts of NMa’s investigation. KWS was fined because the (...)

NMa Gives Conditional Approval to Wegener’s Plans for Daily Newspapers in Zealand Flanders* The Netherlands Competition Authority (NMa) has agreed conditionally to the plans of Wegener N.V. for cost savings at the daily newspaper BN/De Stem and Provinciale Zeeuwse Courant. Wegener is required (...)

NMa Draws up a Report on Bicycle Manufacturers and Branch Organisations* Following an investigation, the Netherlands Competition Authority (NMa) has drawn up a report on four bicycle manufacturers due to a reasonable suspicion that they had entered into price agreements and exchanged sensitive (...)

NMa Not Satisfied with Implementation of Salvaging Scheme for Broken-Down Cars* The Netherlands Competition Authority (NMa) intends to limit the exemption for the salvaging scheme for broken-down cars to motorways and provincial and municipal roads which fulfil an important role in the flow of (...)

NMa Draws up Report on Road Construction Companies Due to Cartel Agreement* The Netherlands Competition Authority (NMa) has drawn up a report on four road construction companies. NMa has drawn up this report on the grounds of a reasonable suspicion that the Competition Act has been infringed. (...)

NMa To Investigate Merger Liberty - Casema Further* The Netherlands Competition Authority (NMa) has decided that an in-depth investigation is necessary into the proposed takeover of Casema Holding B.V. by the American cable and media company, Liberty Media Corporation. At present, Liberty (...)

NMa Suspects Heijmans and Solétanche of Cartel Agreements* The Netherlands Competition Authority (NMa) has drawn up a report on Heijmans Beton- en Waterbouw B.V. and Solétanche Bachy France S.A. due to agreements that restrain competition in the area of the application of certain foundation (...)

NMa : BAM NBM and HBG Must Sell Their Interests in Asphalt Plants* The Netherlands Competition Authority (NMa) has approved the takeover of HBG by BAM NBM after the parties gave assurances with regard to the sale of their interests in several asphalt plants. The takeover will result in one of (...)

NMa Approves Guidelines for the Healthcare Sector* The Netherlands Competition Authority (NMa) has approved the definitive guidelines for the healthcare sector. The guidelines describe clearly what agreements restrain competition and, in principle, are prohibited, such as agreements on prices (...)

NMa Approves Cooperation between Dutchtone and Ben in Construction of UMTS Network* The Netherlands Competition Authority (NMa) has given its approval to the proposed setting up of a joint venture by Dutchtone and Ben. This joint venture will construct and administer parts of the UMTS network (...)

NMa Approves De Telegraaf’s Plans for the Limburg Daily Newspapers* The Netherlands Competition Authority (NMa) has approved De Telegraaf’s plans for cost savings at Dagblad De Limburger and Limburgs Dagblad on condition that De Telegraaf complies with the decision taken by NMa at the time of (...)

NMa : Dumeco Must Amend Its Restructuring Agreements* Following information received from the sector, the Netherlands Competition Authority (NMa) has investigated whether the recent termination of the slaughtering activities of a number of smaller pig abattoirs contravenes the Competition Act. (...)

NMa : No Abuse of Dominant Position by Municipality Amsterdam* Following a complaint made by Vereniging Eigen Huis (an association representing homeowners), NMa has concluded that the municipality of Amsterdam has not abused its dominant position in renting its land through long-term leases. (...)

NMa Fines Heijmans for Refusal to Co-operate* The Netherlands Competition Authority (NMa) has imposed a fine of three times EUR 4,500 (four-thousand-five-hundred euros) on Heijmans Beton- en Waterbouw for its refusal to allow NMa to interview certain of its employees. This is the maximum fine (...)

NMa Fines Veterinary Cooperative for Cartel Agreements* The Netherlands Competition Authority (NMa) has imposed a fine of EUR 9.7 million on Coöperatieve Nederlandse Veterinair-Farmaceutische Groothandel A.U. (AUV) [Netherlands Veterinary Pharmaceutical Wholesale Cooperative A.U.] and a fine of (...)

NMa : Postal Code Lottery May Take over Bank Giro Lottery* The Netherlands Competition Authority (NMa) has given the Postal Code Lottery [Postcodeloterij] the go-ahead to take over the Bank Giro Lottery [BankGiroLoterij]. In the area of lotteries and lotto games, three players will remain (...)

NMa Closes Investigation into Endemol* During its preliminary investigation into the position and practices of Endemol, NMa found no evidence from which it appeared that the television producer had infringed the Competition Act. NMa has therefore closed this investigation. The reason for the (...)

NMa : Separate Market for Call Termination for Each Mobile Operator* All five mobile telephone operators in the Netherlands (KPN Mobile, Vodafone, Dutchtone, Ben en O2) have a dominant position on their own mobile telephone networks with regard to the termination of calls. A mobile telephone (...)

NMa Draws up a Report on Mobile Telephone Operators* Following an investigation, the Netherlands Competition Authority (NMa) has drawn up a report on the five mobile telephone operators due to an agreement entered into by Vodafone N.V., KPN Mobile N.V., Dutchtone N.V., Ben Nederland B.V. and (...)

NMA : PROHIBITION BY ASTRAZENECA ON SALES TO THIRD PARTIES CONTRAVENES COMPETITION ACT* The prohibition against supplying parties outside the premises of hospitals, imposed on hospitals and pharmacies by AstraZeneca, contravenes the Competition Act. NMa made this ruling in a decision relating (...)

NMa Simplifies the Notification of Cartels in the Construction Industry* The Netherlands Competition Authority (NMa) has made it easier for tendering services to give notification of irregularities which they observe in relation to tenders. For this purpose, NMa has developed a notification (...)

NMa Fines Texaco and Three Texaco Filling Stations for Obstructing Tango in the Nijmegen Region* The Netherlands Competition Authority (NMa) has fined Texaco and three Texaco filling stations for a coordinated discount campaign in the Nijmegen region. The NMa has imposed a fine of EUR 1 (...)

NMa : Report on Heijmans Due to Refusal to Co-operate* The Netherlands Competition Authority (NMa) has drawn up three reports following Heijmans Beton- en Waterbouw’s refusal to cooperate, following NMa’s request to interview certain employees. Other construction companies have also refused to (...)

NMa Approves Heineken’s New Beer Contracts* NMa has determined that the four new standard agreements which Heineken enters into with cafes and other businesses in the hospitality sector are not in conflict with the prohibition on cartels. These agreements, also referred to here as the beer (...)

NMa Rules on the Abuse of a Dominant Position by Gasunie* The Netherlands Competition Authority (NMa) has established that Gasunie, through its use of parts of the Commodity Diensten Systeem (CDS) [Commodity Services System], has abused its dominant position on the market for gas transmission. (...)

NMa : Consultation with the Healthcare Sector on Cooperation Guidelines* The Netherlands Competition Authority (NMa) has drawn up guidelines to provide more clarity on the forms of cooperation in the healthcare sector that are possible from the perspective of competition law. In this regard, (...)

NMa Upholds Earlier Prohibition on Maximum Discounts in the Clothing Sector* The Nederland Competition Authority (NMa) has once again decided in a ruling on an administrative appeal that the system of maximum discounts applied by Vereniging Modint Ondernemersorganisatie voor mode en interieur (...)

NMa Extends its Investigation into Interpay* The Netherlands Competition Authority (NMa) is extending its investigation into Interpay. The decision to do so was taken on the basis of a preliminary investigation by NMa and signals received from the market. The tariffs Interpay charges for its (...)

NMa : End to Recommended Prices Hairdressers’ Organisation* The Director-General of the Netherlands Competition Authority (NMa) has decided that the umbrella organisation of hairdressers, Koninklijke Algemene Nederlandse Kappersorganisatie ANKO [Royal Dutch Hairdressers Association] must cease (...)

NMa : Oil Companies Keep Prices Artificially High through Agreements with Filling station Owners* The Netherlands Competition Authority (NMa) has established that the larger oil companies (Shell, BP, Esso, TotalFina and Texaco) keep the price of petrol, diesel and LPG artificially high through (...)

NMa Issues Fines Due to Incorrect Notification of a Merger* The Director-General of the Netherlands Competition Authority (NMa) has imposed the maximum fine of NLG 50,000 on both Deutsche Post International B.V. and Trans-o-flex Schnell-lieferdienst GmbH. These fines have been imposed because (...)

NMa : Agreement on Integral Production Chain Management Schemes for Veal and Beef* The Netherlands Competition Authority (NMa) has granted an exemption from the prohibition on cartels for three quality management systems of the Marketing Board for Poultry and Meat [Productschap voor Vee en (...)

NMa Draws up Report on Texaco Due to Thwarting of Tango in the Nijmegen Region* The Dutch Competition Authority (NMa), after conducting an investigation, has drawn up a report against Texaco. The report is the result Texaco’s thwarting of Tango, a newcomer to the Nijmegen region, by means of a (...)

NMa Prohibits Anti-Peddling Scheme in the Painting Branch* Today the Dutch Competition Authority (NMa) determined that the anti-peddling scheme applied in the painting branch contravenes the prohibition on cartels and is therefore prohibited. In November 1998 NMa indicated in a provisional (...)

NMa Approves Takeover of SturkoMeat by Dumeco The Director-General of the Dutch Competition Authority (NMa) today approved the takeover of SturkoMeat by Dumeco, the two largest pig abattoirs in the Netherlands. Due to the structure of this market, NMa sees no reason to assume that, as a result (...)

Supermarkets Withdraw Surcharge on Milk, NMa Decides against Order Subject to Penalty* Albert Heijn, Laurus, Schuitema, Dirk van den Broek and Nettorama have informed the Dutch Competition Authority (NMa) that they will cease charging the surcharge of NLG 0.10 on milk that they introduced (...)

NMa Prohibits Agreements on Tariffs and on the Setting up of Practices by General Practitioners* In its decision on the policy with regard to setting up practices of Landelijke Huisartsenvereniging (LHV) [National Association of General Practitioners] and the collective negotiations conducted (...)

NMa Conducts Investigation into Price Formation in the Beef Sector* Recently the situation on the beef market has deteriorated considerably due to the BSE crisis. Partly as a result of this, NMa received a formal application for exemption from Stichting Saneringsfonds Runderslachterijen (...)

NMa Approves the Merger of Gran Dorado and Center Parcs after Amendments* The Dutch Competition Authority (NMa) today approved the merging through a joint venture of the activities of Center Parcs and Gran Dorado by Pierre & Vacances S.A. and Carp Ltd., after the parties involved had (...)

NMA DRAWS UP A REPORT ON VETERINARY MEDICINE WHOLESALERS* After carrying out an investigation, the Dutch Competition Authority (NMa) has reason to believe that Coöperatieve Nederlandse Veterinair-Farmaceutische Groothandel U.A. (in short, AUV) has contravened the Competition Act. Until the end (...)

NMa Lowers Fines for Notaries in Breda* The fines imposed on 16 notaries in Breda by the Dutch Competition Authority (NMa), due to agreements entered into by the notaries to divide the market amongst themselves, were reduced on appeal. The original fines varied from NLG 15,000 to NLG 20,000. (...)

NMa to Investigate Further the Merger of Schuitema and Sperwer* The Dutch Competition Authority (NMa) today decided that a licence is required for the merger of the supermarket organisations Schuitema and Sperwer. After an initial investigation, NMa concluded provisionally that a position of (...)