Netherlands

ACM is a unified authority combining competition, consumer protection, and sector regulation for telecoms, energy, transport, and post. It has investigative, decision-making, and sanctioning powers.

Section 6 of the Competition Act prohibits horizontal cartels. ACM has pursued significant cases in construction (bouwfraude legacy), financial services, and flour milling.

Vertical restraints are prohibited under Section 6. ACM has focused on resale price maintenance in consumer goods, online sales restrictions, and selective distribution abuses.

Section 24 prohibits abuse of dominant position, mirroring Article 102 TFEU. Cases have targeted telecoms incumbents, postal operators, and digital gatekeepers.

Mandatory pre-notification for concentrations exceeding turnover thresholds (combined Dutch turnover of EUR 150 million and at least two parties with individual Dutch turnover of EUR 30 million). Simplified procedure available.

Full immunity or reduced fines under ACM Leniency Guidelines. Aligned with ECN Model Leniency Programme. Marker system and oral statements available.

Commitment decisions under Section 49a of the Competition Act. Informal settlement discussions possible. ACM has used commitments extensively in digital and energy sectors.

Fines up to 10% of worldwide annual turnover or EUR 900,000 for individuals. No criminal sanctions for antitrust. Personal fines and director disqualification possible.

ACM has been a leading enforcer in digital markets, with significant cases against Apple (App Store) and other platforms. Active role in EU DMA implementation. Published guidelines on algorithms and competition.

ACM itself regulates telecoms, energy, transport, and postal sectors. The Dutch Central Bank and AFM regulate financial markets. Healthcare Authority (NZa) has concurrent competences.

ACM conducts dawn raids with powers to enter premises, seize documents, copy electronic data, and seal rooms. Judicial authorisation required for private dwellings.

Private damages actions under the Dutch Implementation of the EU Damages Directive (2017). The Netherlands is a popular jurisdiction for collective actions under the WAMCA (2020) class action regime.

Active in ECN, ICN, and OECD. Close cooperation with Belgian and EU authorities. ACM staff frequently second to the European Commission.

Sustainability agreements guidance (pioneering draft guidelines), digital platform enforcement, healthcare market oversight, and increased focus on algorithmic collusion risks.