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Bill on ACM Establishment Act submitted to the Dutch Parliament

On February 28, 2011, the Dutch Ministry of Economic Affairs, Agriculture and Innovation submitted the bill on the ACM Establishment Act to the Dutch Parliament. When the bill is passed, ACM (Netherlands Authority for Consumers and Markets) will officially be launched.

The Netherlands Authority for Consumers and Markets

The Dutch Ministry of Economic Affairs, Agriculture and Innovation submitted the bill called "Rules on the establishment of the Netherlands Authority for Consumers and Markets (ACM Establishment Act)" to the Dutch Parliament as part of the planned consolidation of the Netherlands Consumer Authority, the NMa (Netherlands Competition Authority), and OPTA (Netherlands Independent Post and Telecommunications Authority). One of the most important reasons behind this consolidation is that it will increase efficiency and effectiveness of competition oversight and market regulation, as a consolidated authority is able to anticipate market developments in a flexible and integrated manner, and make better use of its consolidated knowledge and expertise. Another anticipated benefit of the consolidation is cost savings, the Ministry says.

Results of the Feasibility and Enforceability Test

On August 16, 2011, the Consumer Authority, the NMa, and OPTA informed the Minister about the results of the Feasibility and Enforceability Test they had run on the bill. The three authorities consider the bill feasible, but, at the same time, call for attention to a number of items regarding the bill, which are:

  1. Explain in the bill how the decision to make the new authority an autonomous administrative authority under Dutch law relates to the requirements for independence contained in European law;
  2. Submit the separate bill on the improvement and simplification of the authorities’ procedures to the Dutch Parliament as soon as possible. Only then can the anticipated savings be realized;
  3. According to the authorities, the proposal to submit proposed policy rules on regulation to the Minister of Economic Affairs, Agriculture and Innovation and to the Minister of Infrastructure and the Environment is in violation of European rules on regulatory independence. The Ministry of Economic Affairs, Agriculture and Innovation has subsequently amended this item in the bill. In its current wording, the Minister of Economic Affairs, Agriculture and Innovation or the Minister of Infrastructure and the Environment are only allowed to reverse decisions of general application ex-post.

On February 28, 2011, the Dutch Ministry of Economic Affairs, Agriculture and Innovation submitted the revised bill on the ACM Establishment Act to the Dutch Parliament.

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