ACM launches investigation into an online platform
The Netherlands Authority for Consumers and Markets (ACM) has launched an investigation into an online platform following reports that this platform gives preferential treatment to itself and to certain business users. As part of its investigation, ACM has requested the online platform to provide information. The platform is required to provide this information. ACM investigates whether the platform has violated the law.
What is this case about?
Multiple businesses have informed ACM that their products are less well visible on the online platform, even if these businesses offer the best price and/or quality. They claim that the selections of the online platform itself and those of certain businesses are given preferential treatment. In addition, there are reports that the online platform uses data from businesses for strengthening its own position on the platform.
What are the next steps?
ACM is investigating whether the online platform has indeed violated the law. ACM may also come to the conclusion that this is not the case. If ACM comes to the conclusion that the law has been violated, the online platform will have the opportunity to tell its side of the story, before ACM takes enforcement action, for example, imposing a fine or an order subject to periodic penalty payments.
ACM and the digital economy
As digital markets play an ever larger role in today’s society, ACM is fully committed to ensuring that these markets work well. In 2024 too, one of ACM’s strategic objectives is the promotion of a fair, digital economy for all people and businesses on the basis of the rules for consumer protection and competition. In addition, ACM is preparing itself for the enforcement of several digital regulations (as soon as the statutory basis for enforcement has been created), which are the Digital Markets Act (DMA), the Digital Services Act (DSA), and the Platform-to-Business Regulation (P2B), among other regulations.
Tip-offs and reports about online platforms
Businesses and people can submit tip-offs and reports with ACM about distortion of competition or other unfair practices by platforms: submit your tip-off or report with ACM. You can also report a tip-off anonymously.