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ACM Concludes Probe into IT Device Price Agreements

21.11.2024 | 🇳🇱 Dutch competition authority

The Netherlands ACM closes its investigation into alleged illegal agreements on retail prices of IT devices, citing insufficient evidence of violations.


The Netherlands Authority for Consumers and Markets (ACM) has concluded its investigation into suspected illegal agreements between a major IT device supplier, its distributors, and retailers regarding retail prices. The probe did not find enough evidence to establish a violation, but ACM will continue monitoring the sector for any signs of illegal agreements.

ACM's investigation focused on suspicions that the manufacturer and its distributors had agreements on retail prices and customer allocations, as well as restrictions on the sale of refurbished devices. However, these suspicions were not confirmed by the investigation.

Regarding the allowed interactions between suppliers, distributors, and retailers, suppliers can provide non-binding price recommendations to retailers but cannot pressure them to comply. Buyers must have the freedom to set their own retail prices and suppliers cannot share price information among buyers. Additionally, suppliers cannot dictate which customers buyers serve; companies must decide independently on their customer base.

ACM's role is to ensure fair competition in the market, preventing price-fixing, market-sharing agreements, and any other practices that restrict competition. By monitoring and enforcing competition rules, ACM aims to protect consumers and businesses, promoting innovation and competitive pricing in the market.

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