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2023 ACM Annual Report: New rules and duties call for a new form of oversight

The Netherlands Authority for Consumers and Markets (ACM) is preparing itself for a new form of oversight. It does so following the introduction of a series of new European laws for online platforms and providers of online services. For example, ACM in 2023 started preparing for its enforcement of the Digital Services Act. This act stipulates that businesses also have a responsibility of their own to ensure that markets work well. ACM sees to it that online platforms have organized their internal processes in such a way that they are truly able to take their responsibility. This type of oversight (called process oversight) is a growing part of ACM’s duties. These are some of the highlights that are covered in the 2023 ACM Annual Report.

Martijn Snoep, Chairman of the Board of ACM, explains: “The world around us is changing rapidly, which places demands on all market participants, including on us as a regulator. New legislation calls for new enforcement strategies and new ways of working. Process oversight calls for a different approach than traditional oversight aimed at the market behavior of businesses. Think of periodic discussions with regulated businesses about the organization of their work processes and about insight into their compliance programs. In that way, we’re able to help create a safe online environment.”

Stricter oversight over the energy sector

In its monthly Monitor on the consumer energy market, ACM has, since February 2023, offered insight into the selection of new contracts, switching behavior, and price trends. In this way, ACM keeps a close watch on suppliers’ tariffs and on developments and trends in the energy market. In addition, new rules have been in place since 1 June 2023 regarding early-termination fees for fixed energy contracts. Following those new rules, the selection of fixed energy contracts has started to grow again. In addition, ACM took action against energy suppliers that misled customers in telemarketing calls or that did not have their finances and administration in order.

Summary: ACM in 2023

Apart from its regular duties, ACM in 2023 focused on three key priorities: the energy transition, the digital economy, and the sustainability transition. Below is an overview of some of our actions.

  • ACM took action against online stores for their use of fake discounts and misleading countdown timers.
  • As the regulator-designate, ACM started preparing for enforcement of new digital legislation such as the Digital Services Act and the Digital Markets Act.
  • ACM rejected Apple’s objections against an order subject to periodic penalty payments that had previously been imposed for applying unfair conditions to dating-app providers in the Appstore.
  • System operators were allowed to prioritize important social projects when granting access to the grid. A 2023 consultation showed that ACM’s proposal enjoyed broad support.
  • Since February 2023, ACM has published a monthly Monitor on the consumer energy market with prices for new contracts, and offering insight into switching behavior and price trends.
  • ACM saw to it that heat suppliers did not charge unreasonably high tariffs. Four suppliers charged the maximum tariff. They were able to explain as to why.
  • Energy supplier DGB Energie stopped using telemarketing calls following an ACM intervention.
  • ACM stepped up its oversight over energy suppliers, and took action against one supplier that did not have its finances and administration in order.
  • In its public education campaign ‘Green Promises’ (in Dutch: ‘Groene Praatjes’), ACM warned consumers against misleading sustainability claims. For businesses, ACM updated and clarified its Guidelines regarding Sustainability Claims.
  • Three egg traders were fined for, among other violations, illegal price-fixing agreements.
  • LG was fined almost 8 million euros for illegal price-fixing agreements involving the online sale of television sets.
  • Visitors downloaded over 120,000 times one of the sample letters on the website of ACM’s consumer information portal ACM ConsuWijzer.
  • ACM blocked the acquisition of Talpa by RTL because too powerful a competitor would otherwise emerge in the Dutch media landscape.
  • Four carrot producers were fined for market-sharing agreements.

See also

Documents

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