Self-employed workers are undertakings. They determine their products, prices, and service themselves. That is why the competition rules also apply to self-employed workers. However, there are situations where the competition rules do not apply or where the Netherlands Authority for Consumers and Markets (ACM) will not impose any fines. In its ‘Guidelines on price arrangements between self-employed workers,’ ACM explains these situations. These guidelines discusses in detail what is and what is not allowed, and they also contain examples.
There are four situations in which self-employed workers are allowed to make arrangements with each other about rates and other conditions. They are allowed to do so, if:
- the self-employed workers work side-by-side with employees, or
- their turnovers and market shares are small, or
- the benefits outweigh the drawbacks, or
- the arrangements concern a rate that is not higher than necessary for safeguarding the subsistence level.