ACM again warns suppliers about possibly undue influence over retail prices of retailers
Over the past few months, the Netherlands Authority for Consumers and Markets (ACM) has again warned various suppliers because they possibly exerted pressure on retailers to charge higher retail prices for their products. That is illegal because it leads to consumers paying more than necessary. ACM has warned suppliers in various sectors: construction materials, bicycle and car accessories, batteries, and care products. These suppliers have taken ACM’s warning very seriously. Following ACM’s warning letters, they carried out internal investigations, sharpened their compliance courses, adjusted their agreements, and revised their communications. ACM will continue to check whether these companies comply with the rules. Companies risk a fine of up to 900,000 euros or 10 percent of their turnovers if they do not comply with the rules.
Recommended retail prices for retailers must be non-binding
Suppliers must enable retailers to set their retail prices themselves. That is why suppliers are only allowed to give retailers non-binding recommendations regarding retail prices. In that way, retailers are able to compete fairly with each other, and consumers pay the best price for the products offered. It is prohibited for suppliers to exert undue influence over the retail prices of retailers.
In order to offer suppliers and retailers guidance, ACM has created a checklist (in Dutch) for recommended retail prices. Suppliers can use this checklist to see whether they comply with the rules. Retailers can check whether their supplier exerts undue influence over the retail prices in online stores and/or brick-and-mortar stores.
Report illegal arrangements to ACM
ACM has limited resources. That is why it is not able to investigate all reports about undue influence over prices. On the basis of its prioritization policy, ACM decides what reports will be investigated further. In cases that are not investigated further, ACM can send a warning letter. If ACM receives new reports, it can still launch an investigation.
If you suspect suppliers of exerting undue influence over retail prices, please help us by filing a report.