The Netherlands - Main Developments in Competition Law and Policy in 2024

The year was marked by a series of impactful initiatives and enforcement activities aimed at encouraging a sustainable economy, promoting a fair digital economy, and accelerating the energy transition.

The efforts of the ACM included (amongst others) research in oil price dynamics in the energy sector and the endorsement of sustainability initiatives to make asphalt production more sustainable, standardise sustainability reporting among Dutch banks, enhance recycling efforts for coffee capsules, and introduce a sustainability fee for farmers producing under the On the Way to PlanetProof label. Notably, the ACM also flagged the competition issues among Dutch banks in the saving market, imposed fines on companies for anti-competitive practices, and navigated complex mergers and acquisition cases.

The ACM aimed to accelerate sustainable energy, promote a fair digital economy, and contribute to sustainability. Key initiatives included research on oil price dynamics, sustainability efforts in banking and recycling, and competition concerns in the banking sector. The ACM also imposed fines for anti-competitive practices and reviewed major mergers and acquisitions in the year 2024.

The ACM’s oil price study highlighted the "rockets and feathers" effect, showing consumers overpaid by 2.2-4.8 cents per liter from 2007-2023. However, no similar pattern was found in wholesale electricity and gas prices. In digital regulation, the ACM investigated an online platform for preferential treatment and published Digital Services Act (“DSA”) guidelines. Sustainability initiatives included standardizing sustainability reporting, enhancing recycling, and introducing a sustainability fee for eco-certified farmers.

In addition, the ACM dismissed anti-competitive claims against PostNL and Groningen healthcare collaborations but flagged weak competition in the banking sector, recommending lower switching barriers. It warned suppliers against resale price maintenance and fined LG Electronics (€8M) for price fixing. Bid rigging led to a €59K fine for Bloem Infra, while Den Ouden avoided penalties by self-reporting. The ACM also scrutinized major mergers, approving KPN’s Youfone acquisition while launching investigations into transactions affecting media, fuel, and fiber markets.

In 2024, there have been several court rulings regarding the enforcement actions of the ACM and more specifically on decisions of the ACM to refuse to start an investigation. Several court rulings in 2024 addressed also other issues such as the right to have standing for third parties, the legal framework around the publication of decisions to impose fines. Courts upheld ACM decisions on bid rigging, the egg cartel, and company standing in mergers. They have also confirmed the ACM’s authority in rejecting investigation requests, including cases involving Big Four accounting firms and Amsterdam’s leasehold policy. Furthermore, parent company liability for subsidiaries' anti-competitive actions was reinforced in a ruling against Samskip.

In 2025, the ACM will continue focusing on digital regulation, sustainability, and energy markets. It has launched five market studies in 2025, targeting areas like veterinary practices, algorithmic pricing, and hydrogen. A potential new competition tool may allow the ACM to impose market obligations to enhance competition.

This article was written for and published by Kluwer Competition Blog. Main Developments in Competition Law and Policy 2024 – The Netherlands - Kluwer Competition Law Blog

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