ACM closes investigation into illegal agreements involving IT devices

The Netherlands Authority for Consumers and Markets (ACM) closes its investigation into illegal agreements between a major supplier of IT devices and its distributors together with their retailers about their retail prices. The investigation has yielded insufficient evidence to establish a violation. ACM will continue to keep a close watch on the sector, and will take a serious look at any new indications of illegal agreements.

ACM launched the investigation because of suspicions that the manufacturer of IT devices and its distributors made agreements about the retail prices of retailers. ACM also suspected that the manufacturer, together with its distributors, decided which retailers were allowed to supply which customers. In addition, there were also suspicions that retailers were restricted in the sale of refurbished devices. These suspicions have not been confirmed by ACM’s investigation.

What is and what is not allowed between suppliers, distributors, and retailers?

• Suppliers are only allowed to give retailers non-binding recommendations regarding retail prices and they cannot exert any pressure on retailers to follow those recommendations. Buyers (distributors and retailers) must have complete freedom to set their own retail prices.
• Suppliers cannot pass on any informaiton regarding retail prices that other buyers (distributors and retailers) may use. Buyers (distributors and retailers) must set their retail prices themselves.
• Suppliers cannot determine what customers their buyers (distributors and retailers) supply. Companies must determine themselves in what areas and to whom they sell their products or services.

ACM and enforcing fair competition

Thanks to competition, products are of sound quality and are offered on the market at a competitive price. It also stimulates innovation. That is why ACM checks whether businesses compete fairly with each other, do not make any price-fixing agreements, market-sharing agreements, or restrict competition in any other way whatsoever, for example by exchanging information. ACM protects people and businesses against unfair competition, and ensures that markets work well.

If you have any suspicions that manufacturers, distributors and/or retailers have made illegal arrangements, or if you would like to know whether a certain type of conduct is allowed, please contact ACM.

You can also file a report with ACM anonymously.