Allround Hollands Energie B.V. (trading under the name Hollandse Energie Maatschappij, or HEM) must put its finances and administration in order soon, and it must pay back consumers any money it still owes them in connection with their final bills or annual bills. To that end, the Netherlands Authority for Consumers and Markets (ACM) has attached additional conditions to HEM’s licenses.
ACM’s oversight
All businesses that wish to supply natural gas and/or electricity to consumers and other small-scale users must have a license from ACM to do so. ACM checks whether suppliers are able to supply energy in a secure manner and whether businesses comply with the organizational, financial, and technical qualities. If an energy supplier does not comply with the license requirements, ACM will take action. In October 2022, ACM heightened its oversight on energy suppliers.
Investigation into HEM
ACM conducted an investigation into HEM and found that, of all consumers whom HEM still owed money in connection with their final bills or annual bills, HEM paid them back their money too late in approximately six out of ten cases. Also, its financial position and administration did not comply with the requirements that energy suppliers must meet.
Additional requirements
That is why ACM has attached additional requirements to HEM’s supply licenses. In addition to paying bills on time, HEM must show, among other requirements, that it has strengthened its equity, and that it has regular and robust financial projections. HEM must comply with these requirements in order to prevent ACM from revoking its supply licenses.
Edwin van Houten, Director of ACM’s Consumer Department, explains: “Customers of HEM that are owed money in connection with their final bills or annual bills have to wait too long for their refunds. Consumers must be able to assume that suppliers have their affairs in order, and that they will be refunded quickly if it turns out they paid too much in monthly payments. That is why ACM takes action.”
HEM has filed an objection with ACM against the decision to impose additional license requirements, but it has already made the first steps in the implementation of the requirements.
See also:
22-12-2023 Decision regarding amendments to licenses of Allround Hollands Energie (in Dutch)
3-10-2022 ACM to assess whether suppliers comply with additional requirements and if they are well prepared for the upcoming winter period

ACM takes action against energy supplier HEM
 (ConsuWijzer) (in Dutch)

ACM Imposes Additional Requirements on Energy Supplier HEM to Rectify Financial and Administrative Issues

The ACM has conducted an investigation into energy supplier HEM and found that the company has been late in refunding consumers in approximately six out of ten cases. Additionally, HEM's financial position and administration did not meet the requirements set for energy suppliers. As a result, the ACM has attached additional requirements to HEM's supply licenses, including timely bill payments, strengthened equity, and regular financial projections. HEM has filed an objection against the decision but has started implementing the requirements.

ACM: Energy supplier HEM must put in order its administration, its finances, and refunds to consumers

For the next three years, Dutch energy company DGB Energie will not sell any energy contracts through telemarketing activities. DGB Energie has made this commitment to the Netherlands Authority for Consumers and Markets (ACM). ACM has handed down a decision in which the commitment has been declared binding. This commitment was prompted by investigations conducted by ACM following reports filed by consumers about misleading telemarketing calls involving DGB Energie contracts. ACM hopes that this decision to stop attracting new customers using telemarketing activities will be widely followed by other energy suppliers.
In an ACM investigation, indications were found suggesting misleading practices had taken place in telemarketing activities aimed at attracting new customers on behalf of DGB. For example, in recordings of conversations that were carried out by telemarketers on behalf of DGB, ACM heard that consumers were not told at the beginning of the conversation that they were being called with the intention to sell a new contract. Instead, consumers were told, for example, that the call was made to check the consumer’s energy prices or to make an administrative change due to a switch to a different supplier. In addition, it often happened that only at the end of the conversation (the ‘voice log’), so after the agreement had been made, did the telemarketer discuss the conditions and tariffs. Since DGB Energie as the supplier is responsible for selling the contracts, ACM has confronted DGB Energie with these practices.
With this commitment, DGB ends its telemarketing activities for attracting new customers. In addition, DGB Energie made the commitment that customers who took out contracts through telemarketing calls between 1 August 2021 and 1 July 2023 are able to terminate their contracts early without having to pay an early-termination fee. DGB Energie will actively inform the customers involved about this. Also, DGB Energie made the commitment that, going forward, a third-party advisor will assess whether future customer-attraction activities comply with consumer-protection rules.
Edwin van Houten, Director of ACM’s Consumer Department, says: “It’s positive to see that DGB Energie has decided to stop, for at least three years, its telemarketing activities aimed at selling energy contracts. Taking out a new energy contract is a major purchase. People need time to think about that and to compare different suppliers. It would be good if other suppliers followed this example and also stopped their telemarketing activities.”
As DGB Energie has now made commitments to stop its telemarketing activities for the next three years, ACM decided not to continue its investigation. ACM checks whether DGB Energie complies with this commitment. If DGB Energie does not comply with the commitment, ACM will resume taking enforcement action.
Recommendations for consumers
Many people find it annoying when companies or organizations make unsolicited calls. That is why companies need to comply with telemarketing rules. Companies can only make telemarketing calls to consumers if those consumers have explicitly agreed to such calls or if they have been customers with the company or still are. ACM’s consumer information portal ACM ConsuWijzer has 
more information and tips for people that still receive unsolicited phone calls
 (in Dutch).
ACM also points out to consumers that energy contracts that are offered through unsolicited telemarketing calls are not always the best choice for consumers. That is why ACM advises consumers not to accept an offer for a new contract during a telemarketing call, but always very carefully examine the adjusted rates first, and to compare these with their current contracts and offers from other suppliers. 
Recommendations on how to choose a new energy supplier
 (in Dutch) can also be found on ACM ConsuWijzer.

DGB Energie Halts Telemarketing for New Energy Contracts Following ACM Investigation

DGB Energie, a Dutch energy company, has agreed to stop its telemarketing efforts to attract new customers for a period of three years. This decision comes after the Netherlands Authority for Consumers and Markets (ACM) found evidence of misleading practices in telemarketing calls made on behalf of DGB Energie.

 The ACM's investigation revealed that telemarketers often misled consumers by not clearly stating the purpose of the call at the beginning. Instead of informing consumers that they were being solicited for a new energy contract, callers would claim the call was for checking energy prices or making administrative changes. Important details regarding contract conditions and tariffs were typically disclosed only at the end of the conversation, after agreements had been made.

 In addition to halting telemarketing, DGB Energie has committed to allowing customers who signed contracts through these calls between August 1, 2021, and July 1, 2023, to terminate their contracts early without incurring fees. The company will also inform these customers about their rights. Furthermore, DGB Energie will employ a third-party advisor to ensure that any future customer-attraction activities comply with consumer protection regulations.

 Edwin van Houten, Director of ACM’s Consumer Department, expressed optimism about DGB Energie's decision, emphasizing the importance of allowing consumers time to consider their options when making significant purchases like energy contracts. He encouraged other energy suppliers to follow suit and discontinue similar telemarketing practices.

 As a result of DGB Energie's commitments, ACM has decided to halt its investigation but will monitor compliance. Should DGB Energie fail to adhere to its commitments, ACM will resume enforcement actions.



DGB Energie to stop its telemarketing activities aimed at attracting new customers 

The Netherlands Authority for Consumers and Markets (ACM) has imposed fines, totaling over 2.5 million euros, on four companies that shared among each other the production, processing, and sale of different types of carrots. The agreements between Laarakker, VanRijsingen, Veco, and Verduyn had been made for ten years. Competition between these firms was thus restricted. Laarakker and Verduyn had notified ACM of their illegal conduct, and were thus given reductions of their fines. All companies have acknowledged the violation, and have cooperated with the procedure after ACM had conducted dawn raids following various indications it had received.
Martijn Snoep, Chairman of the Board of ACM, explains: “Businesses that share the market among each other deny their buyers the benefits of competition. It is good that these agreements have come to an end, and that these companies wanted to make a clean sweep by actively cooperating with the investigation and acknowledging the violation.”
What was this case about?
These four companies sell carrots and Parisian carrots to businesses in the canning and frozen-food industries in the Netherlands, Belgium, and Germany. In the canning industry, carrots are predominantly used in combination with green peas. Unlike regular carrots, Parisian carrots are spherical in shape, and are preferred on the German market.
In a 2008 written agreement, Laarakker, VanRijsingen, Veco, and Verduyn agreed that, for a period of ten years, Veco would refrain from producing, processing, and selling carrots. Laarakker, VanRijsingen, and Verduyn would refrain from producing, processing, and selling Parisian carrots. It was also agreed that Veco would be financially compensated. Compensation payments were actually made. In addition, Laarakker and Veco made additional arrangements on the supply of Parisian carrots to German buyers. VanRijsingen and Verduyn were not involved in this agreement.
ACM and competition oversight
ACM ensures that markets work well for people and businesses. That is why ACM enforces compliance with competition rules. Businesses that make illicit price-fixing agreements, market-sharing agreements, or that exchange other competition-sensitive information are liable to punishment. These kinds of agreements lead to higher prices, reduced quality, and less innovation. In its oversight efforts, ACM also uses tip-offs and reports submitted by consumers and businesses about possible violations. That is how ACM was able to track down this case.
Would you like to submit a tip-off or a report: please contact us.
Submitting your tip-off or indication to ACM
Confess your cartel and escape a fine
Shortly after ACM had conducted dawn raids following indications from market participants, Laarakker and Verduyn contacted ACM’s Leniency Office and handed over additional information about the agreements. That is why they have been given substantial reductions of their fines. The other companies acknowledged the violation at a later stage in the procedure, and subsequently cooperated with the simplified procedure. In return, they, too, were given a reduction of their fine.
Companies that are involved in illegal agreements and wish to make a clean sweep have the opportunity to contact ACM, and apply for leniency. The first company that comes forward may escape the fine altogether. Companies that are in the same cartel and come forward later and cooperate with ACM may also qualify for a reduction of their fine.
For more information about leniency: Confess your involvement in a cartel
See also
14-12-2023 Public decision on carrots and Parisian carrots (in Dutch)1-12-2021 ACM investigates possible cartel in the food processing sector
More in this case
14-12-2023 Public decision on carrots and Parisian carrots (in Dutch)

Dutch Competition Authority Fines Four Companies for Carrot Market Collusion

The Netherlands Authority for Consumers and Markets (ACM) has imposed fines exceeding 2.5 million euros on four companies—Laarakker, VanRijsingen, Veco, and Verduyn—for colluding in the production, processing, and sale of carrots and Parisian carrots. These companies had entered into agreements that restricted competition for a period of ten years, ultimately harming consumers and businesses in the market.

 The illegal agreements included a 2008 written contract where Veco agreed to refrain from producing, processing, and selling regular carrots, while Laarakker, VanRijsingen, and Verduyn agreed to avoid producing, processing, and selling Parisian carrots. Financial compensation was exchanged between the companies as part of this arrangement, which ACM discovered through tip-offs and subsequent dawn raids.

 Martijn Snoep, Chairman of ACM, emphasized the importance of competition, stating that such market-sharing agreements deny buyers the benefits of competitive pricing and quality. The companies involved have acknowledged their violations and cooperated with the investigation, leading to reduced fines for Laarakker and Verduyn, who reported their illegal conduct to ACM.

 ACM's enforcement actions are aimed at ensuring fair market practices, and the authority encourages companies involved in illegal agreements to come forward for leniency, which can result in reduced fines or complete immunity for the first company to report.



ACM imposes fines on four companies for illegally sharing the market for carrots

At the moment, there is sufficient competition in the Dutch telecom market. This has been one of the conclusions of the definitive market analysis decision of the Netherlands Authority for Consumers and Markets (ACM). At the same time, ACM continues to be vigilant, and will analyze the competitive landscape in the telecom sector each year in order to ensure that providers continue to offer products and services at the best price-quality ratio. Following a market assessment, ACM has found that some consumers are able to take more advantage of the opportunities that the market offers them.
ACM sees that there is currently sufficient competition in the telecom market, and thus reaffirms its previous position that further regulation of the market is not necessary right now. However, ACM did decide to take a closer look at the competitive landscape in the market each year in order to make sure that the market continues to work for consumers, also in the future. For example, ACM will assess whether Dutch telecom providers KPN and Glaspoort comply with the commitment decision in which they open up their fiber-optic networks to other providers of telecom services. In addition, ACM will check whether, over the next few years, the announced roll-out of fiber-optic networks is actually realized by various market participants. In addition, ACM remains alert to acquisitions in the telecom sector, as those can also lead to a deterioration of the competitive landscape.
Manon Leijten, Member of the Board of ACM, explains: “ACM continues to assess whether there is sufficient competition in the market, since this is not a given. Price is very important to consumers. At this point, we see a wide selection and we see providers that are prepared to offer new customers hefty discounts. For consumers, it means that it pays off to see whether their current plans still offer the best prices and speeds.”
A previous study revealed that, with regard to broadband access, consumers are prepared to switch providers if they are able to save 18 euros per month. ACM data has shown that savings in the first year with discounts can be over 20 euros per month. In addition, consumers can also realize savings in later years.
Check the prices and speeds of your plans
As a rule of thumb, the higher the speed is, the higher the price is. A study into the availability and affordability of broadband and telephony revealed that a large group of consumers (46 percent) does not exactly know what their purchased download speed is, and one in three (37 percent) finds it difficult to estimate what download speed they need. According to ACM, those who do not wish to switch but still wish to save costs are best advised to look each year at their purchased speed and to see whether they need that speed, for example by using a download-speed recommendation tool, which is something many providers offer. Furthermore, consumers may consider downgrading or removing certain elements of their current plans in order to reduce costs. It can also pay off to compare providers or to call your current provider and ask them whether they have a better deal.
Varied selection with fiber-optic roll-out
Thanks to the rapid roll-out of fiber-optic networks, consumers and businesses in more and more places are able to choose between multiple providers of high-speed internet at competitive prices. This has been made possible because fiber-optic networks are open to different providers of telecom services. In many cases, high-speed internet over cable networks is also an option. The roll-out of fiber optic is not expected to slow down anytime soon, and these networks are expected to remain open to providers without fiber-optic networks of their own. The market analysis decision reveals that ACM expects that practically all consumers and businesses will have a fiber-optic connection within the next two years.

Dutch Telecom Market Shows Healthy Competition, Says ACM

The Netherlands Authority for Consumers and Markets (ACM) has concluded that there is sufficient competition in the Dutch telecom market, reaffirming its stance that no further regulation is necessary at this time. The authority will, however, continue to monitor the market closely on an annual basis to ensure that telecom providers maintain a favorable price-quality ratio for consumers.

 ACM's market assessment indicates that some consumers are not fully capitalizing on the competitive opportunities available. The authority will specifically evaluate whether major telecom providers, such as KPN and Glaspoort, adhere to commitments regarding the accessibility of their fiber-optic networks to other service providers. Additionally, ACM will track the progress of fiber-optic network rollouts by various market players over the coming years.

 Manon Leijten, a member of ACM's board, emphasized the importance of competition in the market, noting that consumers benefit from a wide selection of services and significant discounts for new customers. Previous studies have shown that consumers are willing to switch providers for savings of around 18 euros per month, with potential first-year savings exceeding 20 euros.

 ACM's research also highlights that many consumers are unaware of their current download speeds, with 46% not knowing their purchased speed and 37% struggling to estimate their needs. The authority advises consumers to review their plans annually and consider downgrading or removing unnecessary features to save costs. Comparing providers and negotiating with current providers can also lead to better deals.

 The rapid expansion of fiber-optic networks is enhancing consumer choice, allowing access to multiple high-speed internet providers at competitive prices. ACM anticipates that nearly all consumers and businesses will have access to fiber-optic connections within the next two years, as these networks remain open to various telecom service providers.



ACM sees sufficient competition in the Dutch telecom market, but keeps a close watch

The Netherlands Authority for Consumers and Markets (ACM) has launched a broad market study into the functioning of the Dutch savings market. Consumers that put money aside benefit from savings account rates that are as high as possible. Sufficient competition between banks will have an upward effect on those rates. ACM expects to publish the results before the summer of 2024.
Background
The Dutch Ministry of Finance has asked ACM to see if there is reason for launching a study into the savings market and into the savings account rates in the Netherlands, which are lagging behind the interest rates of the European Central Bank (ECB). ACM does see sufficient reason for such a study, and has now decided to launch one.
Why is ACM looking into this market?
There are indications that Dutch consumers only benefit to a limited extent from the increased interest rates on the European market. ACM sees that there are providers (including international ones) that, at first glance, offer Dutch savers higher rates than the major banks in the Netherlands do. However, consumers appear to switch to these banks only to a limited extent. That is why ACM has decided to launch a study into the functioning of the Dutch savings market and into the factors behind the fact that consumers rarely switch and that the major banks do not offer higher savings account rates.
ACM has launched a broad market study into the functioning of the savings market and into the effectiveness of competition thereon. This may result in recommendations to the Dutch legislature, for example if it turns out that the market is not functioning well.
Oversight of the financial sector
ACM enforces compliance with the competition rules, and also has the power to conduct market studies into the functioning of markets. As part of this broad market study into the Dutch savings market, ACM will also gather information from the sector-specific regulators the Dutch Authority for the Financial Markets (AFM) and the Dutch central bank (DNB), among other relevant market participants.
See also
ACM’s oversight of the financial sector (in Dutch)

Dutch Authority Initiates Study on Savings Market Competition

The Netherlands Authority for Consumers and Markets (ACM) has launched a broad market study into the functioning of the Dutch savings market, responding to concerns raised by the Dutch Ministry of Finance regarding the lagging savings account rates compared to the European Central Bank's interest rates.

 ACM's investigation aims to determine whether sufficient competition exists among banks to drive up savings account rates, which are currently not benefiting consumers as much as they could. The authority has noted that while some providers, including international banks, offer higher rates, Dutch consumers are not switching banks as frequently as expected.

 The study will explore the reasons behind the limited consumer switching behavior and the lack of competitive pressure on major banks to increase their savings account rates. ACM plans to gather insights from various stakeholders, including sector-specific regulators like the Dutch Authority for the Financial Markets (AFM) and the Dutch central bank (DNB).

 Results from this market study are anticipated to be published before the summer of 2024, and may lead to recommendations for legislative changes if the findings indicate that the market is not functioning effectively.



ACM launches market study into the functioning of the Dutch savings market

Online store TI-84shop must refund the money of consumers within 14 days if they invoke their right of withdrawal (cooling-off period). The online store must also clearly state delivery times, and must improve its customer service so that it can be reached more easily. The Netherlands Authority for Consumers and Markets (ACM) has imposed these demands on online store TI-84shop, about which ACM had received a large number of complaints through ACM’s consumer information portal ConsuWijzer and other channels.
What was this case about?
Online store TI-84shop sells a variety of electronic consumer products, such as the PlayStation 5 game console. Consumers filed complaints with ACM, claiming that TI-84shop was not clear about delivery times, did not refund money on time, and could not be reached. In addition, consumers were given a misleading impression of TI-84shop on the basis of too high review scores. The online store blocked negative reviews on independent review websites, so that only positive reviews could be read. Consumers have the right to honest information before making a purchase decision. In that way, they know what to expect, financial damage is prevented, and they continue to have confidence in making online purchases.
After an investigation, ACM established that TI-84shop hardly maintained an administrative system, which meant there was no proper overview of orders, deliveries, and refunds. That, in turn, resulted in the online store’s failure to meet the delivery times shown on its website, and to refund consumers who have canceled their purchases on time. In addition, TI-84shop’s customers have a hard time reaching its customer service.
Cateautje Hijmans van den Bergh, Member of the Board of ACM, says: “Starting an online store looks simple, but it involves so much more than just setting up a website. You need to take your customers seriously. That means that you inform them about matters such as delivery times and the cooling-off period, and that you comply with the rules on refunds. But it also means that your administrative system is in order, and that you can be reached for questions and complaints from your customers. These are the basic rules that online stores must comply with, so that consumers are able to shop online with confidence. Since TI-84shop does not comply with these rules, we are now compelling TI-84shop to make adjustments.
What adjustments must TI-84shop implement?
ACM demands TI-84shop to implement the following adjustments:
The online store must maintain a proper administrative system;
The actual delivery times of products must be presented and met;
If consumers cancel their purchases within the cooling-off period, they must get their money back within 14 days;
If consumers use any of the contact options that TI-84shop offers, they must actually be able to reach the online store; -The online store must stop exerting influence over reviews.
If the online store fails to comply with ACM’s demands sufficiently (or fails to comply at all) by 7 November 2023, it must pay a periodic penalty payment of 25,000 euros each week up to a maximum of 250,000 euros.
Protecting the online consumer
The digital economy is one of the key priorities on ACM’s agenda in 2023. It is important that consumers are able to make purchases online with confidence.
See also
ACM launches awareness campaign on safe online shopping: ‘Check before you buy’
Guidelines on the protection of the online consumer

Dutch Authority Enforces Consumer Rights on TI-84shop

The Netherlands Authority for Consumers and Markets (ACM) has taken action against online store TI-84shop, requiring it to adhere to consumer protection laws regarding refunds and delivery times. This decision comes after ACM received a significant number of complaints from consumers about the store's practices.

Consumers reported that TI-84shop was not transparent about delivery times, failed to issue timely refunds, and had inadequate customer service. Additionally, the store was accused of manipulating its online reputation by blocking negative reviews, which misled potential buyers about the quality of its services.

ACM's investigation revealed that TI-84shop lacked a proper administrative system, leading to disorganization in managing orders, deliveries, and refunds. As a result, the store was unable to meet the delivery timelines advertised on its website and did not refund customers who canceled their orders within the legally mandated cooling-off period.

To rectify these issues, ACM has outlined specific requirements for TI-84shop, including the establishment of a reliable administrative system, accurate presentation of delivery times, timely refunds within 14 days for canceled purchases, and improved accessibility of customer service. Furthermore, the store must cease any practices that influence customer reviews.

If TI-84shop fails to comply with these demands by November 7, 2023, it will face a weekly penalty of 25,000 euros, up to a maximum of 250,000 euros. This enforcement action underscores ACM's commitment to ensuring consumer protection in the digital marketplace.

