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The management and governance structure of the Netherlands’ national competition authority, the Authority for Consumers & Markets (ACM), is currently ineffective, according to reports commissioned by Dutch Economy Minister Vincent Karremans.
According to these assessments, the ACM, which is currently under the national Economy Ministry, needs to become an autonomous decision-making body to handle societal, political, policy, and organizational developments.
Reports reveal issues with “roles and responsibilities being too intertwined” with the ministry and “significant dependencies”; additionally, a PwC report points out shortcomings in ACM’s operations, leading to certain standards and frameworks not being fully met.
The ACM is responsible for overseeing various markets such as energy, telecom, healthcare, transport, and postal services, monitoring compliance and protecting consumer interests.
With the introduction of more digital legislation, ACM’s mandate has expanded to include enforcement of the EU Digital Markets Act (DMA) and the Digital Services Act (DSA), which aim to ensure fair online competition and combat illicit content and goods.
ACM’s head, Martijn Snoep, stated that the agency is well-equipped for these new tasks and plans to establish clear enforcement priorities.
Staff appointments
The current system, whereby the Economic Affairs Minister appoints the ACM’s chair and other members and where the agency lacks control over organizational and personnel matters, is said to result in “lack of agility”. The ACM also lacks budgetary freedom, which may lead to inefficiencies in the future, particularly in areas like energy and digital markets.
Additionally, the ACM is undergoing a process of improving its business operations, and while it has increased the number of fines slightly in 2024, there has been a marked decline in competition proceedings and fines compared to previous years.
“It is crucial for me to ensure that ACM has the capability to strengthen its independence and modernize its competition oversight,” a spokesperson for the ACM noted, as this is essential to carry out their duties effectively.
Minister Karremans stated that the decision to revise the ACM’s organizational structure will be made by his successor. The Netherlands is scheduled to hold parliamentary elections on 29 October.
