Background: dawn raids in suspected customer allocation cartel investigation

On 7 July 2026, the ACM announced that it had carried out dawn raids at several suppliers to institutions in the public sector. The ACM suspects that the companies may have entered into arrangements concerning the allocation of customers. The ACM has not disclosed the names of the companies involved in its press release, nor has it identified the part of the public sector affected, citing the interests of the ongoing investigation and the need to avoid unnecessary reputational harm.

A dawn raid is an unannounced inspection during which the companies concerned are legally obliged to cooperate. Competition authorities have extensive investigative powers, including the ability to enter business premises and, in certain circumstances, private residences, request information, access documents and electronic records, and secure data for the purposes of their investigation.

Customer allocation as a hardcore cartel infringement

Competition law prohibits agreements that restrict or distort competition. Customer allocation arrangements are generally regarded as one of the most serious forms of anti-competitive conduct.  

The ACM has previously imposed substantial fines for customer and market allocation arrangements. Such arrangements may involve competitors agreeing which customers each party will serve, refraining from approaching one another's customers, or otherwise coordinating their commercial activities. These practices eliminate competition between suppliers and may lead to higher prices, less innovation and reduced choice for customers.

The ACM's announcement follows other recent enforcement action against collusive practices affecting public purchasers. Recently, the ACM fined three contractors for coordinating their bids in a municipal tender procedure, a decision we discussed in a separate blog post. In that decision, the ACM found that the contractors had coordinated their bid prices and predetermined the outcome of the tender by agreeing who would win and lose the tender.

The ACM may become aware of potential cartel conduct through a variety of channels, including complaints, market signals and information provided by market participants. Companies involved in anti-competitive conduct may in certain circumstances qualify for immunity or a reduction of fines by reporting the infringement to the ACM under the authority's leniency programme.

Next steps

Following the dawn raids, the ACM will assess whether competition rules have been violated. At this stage, the authority emphasises that its investigation is ongoing and that it may ultimately conclude that no infringement has occurred.

If the ACM concludes that the competition rules have been infringed, it may impose substantial fines. These penalties can amount to up to 10% of a company's annual turnover.

What to do in the event of a dawn raid?

In case your organisation is, or may become, the subject of a dawn raid, it is crucial to contact Loyens & Loeff's dawn raid specialists immediately. Early legal assistance can help ensure compliance with legal obligations while safeguarding the organisation's procedural rights throughout the investigation.

Organisations should also remain vigilant for indications of anti-competitive conduct in their sector. If you become aware of irregularities that may suggest customer allocation arrangements or other forms of coordination between competing suppliers, early legal assessment is essential.

Our team has extensive experience in assisting clients during dawn raids and competition law investigations. Whether your organisation is facing an inspection by a competition authority or has concerns about potential anti-competitive conduct by competitors, we provide immediate advice and support to help protect your interests and manage legal risk.