Mededingingswet

Mededingingswet, commonly referred to as the Dutch competition law, is the national legal framework that governs competition within the Netherlands. It aims to ensure fair competition and to prevent practices that harm consumers, rival businesses, or the market as a whole. The law complements and, in many cases, implements aspects of European Union competition rules.

The core prohibitions cover three areas. First, agreements between undertakings that restrict competition are generally prohibited, including cartels and arrangements that fix prices, divide markets, or rig bids. Second, the law prohibits an abuse of a dominant market position by a company that can limit competition or exclude rivals, such as by unfair pricing or exclusive dealing. Third, the law regulates concentrations—mergers, acquisitions, or joint ventures—that would significantly lessen competition in the market and thus may be blocked or require remedies.

Enforcement is carried out by the Autoriteit Consument en Markt (ACM), the Dutch competition and consumer authority. ACM can investigate suspected infringements, impose sanctions such as fines or other remedies, and require changes in behavior or business practices. Decisions of ACM can be challenged in the Dutch courts. The Mededingingswet also provides for remedies and exemptions in certain cases, including block exemptions for specific types of agreements and contexts where collaboration can yield efficiencies.

In parallel with national enforcement, the Netherlands applies EU competition law where relevant, particularly for cross-border and larger markets. The Mededingingswet thus serves as the national mechanism to enforce competition principles alongside EU regulations, with ongoing updates to reflect changes in policy and case law.