Background: ACM’s objective
In February 2025, the ACM announced its intention to launch five broad market investigations in sectors such as veterinary practices, (digital) learning materials, algorithm-driven consumer pricing, and the budget segment for fixed internet and hydrogen. The investigation into supermarket prices aligns with the ACM’s broader interpretation of its mandate to oversee the proper functioning of markets, even in the absence of any suspected rule violations.
Purpose of the investigation
According to the ACM’s press release, the investigation will focus on the pricing structure and price formation of products commonly found in consumers’ daily shopping baskets. The ACM will examine, among other things: (i) the profit margins of food suppliers (including branded suppliers) and supermarkets, as well as possible explanations for high or low margins; and (ii) price differences between products sold in Dutch supermarkets and those in neighbouring countries. The ACM has clarified that the investigation will consider both suppliers that may hinder supermarkets from purchasing at lower prices, and whether there is insufficient competition among supermarkets.
Process of the market investigation
The ACM follows a structured methodology when conducting market investigations. Earlier this year, the ACM published a procedural framework (in Dutch, an English translation will be published later) outlining its approach. This framework explains that a market investigation is divided into five distinct phases:
- the initiation of the investigation, including the publication of a problem statement and an indicative timeline, as well as a consultation on these documents
- data collection and analysis;
- publication of the draft report and consultation thereof;
- publication of the final report and any recommendations; and
- potential evaluation of the market investigation.
In previous investigations, it typically took approximately three to five months from the announcement of the investigation before the research approach and consultation were published. Accordingly, it is expected that the research approach and consultation for the investigation into grocery prices will be published in early 2026. At a later stage, the ACM will send requests for information to relevant market participants and/or conduct interviews under market participants. In principle, market participants are subject to a duty to cooperate, and sanctions may be imposed in cases of non-compliance.
Implications of the market investigation
The investigation aims to assess whether the food sector functions effectively for consumers and to identify any potential bottlenecks. Upon completion, the ACM may issue recommendations to the legislator to mitigate or resolve identified issues. If the ACM finds indications of rule violations, it may also take enforcement action.
The political relevance of the investigation is evident from the outcomes of previous ACM investigations. For example, in response to parliamentary questions regarding irregularities in veterinary practices, the State Secretary for Agriculture, Fisheries, Food Security and Nature referred to the ongoing ACM investigation, stating: “Following the results of the ACM investigation, I will inform you whether additional measures are necessary” (informal translation from Dutch). This statement refers to the ACM’s market investigation into medical care for pets, for which the research approach and consultation were published in May. The response suggests that policymakers may be awaiting the ACM’s analysis and recommendations before taking further action, thereby confirming that ACM’s market investigations are not merely informative but play a significant role in shaping policy.
Earlier this year, following the findings of its market investigation into ICT systems in healthcare, the ACM submitted a letter to the Ministry of Health, Welfare and Sport. In this letter, the ACM requested that the Ministry require ICT system providers to make their systems securely and openly accessible for integration with other providers and healthcare institutions, in order to foster innovation. On 9 September 2025, the House of Representatives adopted a motion (in Dutch) requesting the government to present, within six months, a roadmap for mandating the use of open data standards by ICT providers in the healthcare sector over the coming years.
Take-away
The above demonstrates that market investigations conducted by the ACM, along with the accompanying recommendations, are not merely advisory in nature. They can result in legislative or regulatory changes and may lead to enforcement actions in cases of competition law infringements. As such, an ACM market investigation can not only enhance transparency within a sector, but also prompt policy adjustments and even lead to enforcement measures. Although a market investigation may entail certain risks, it also presents an opportunity for involved market participants to share their perspectives and signal potential issues in the market to the ACM.
We closely monitor developments related to ACM market investigations and competition enforcement in both the Netherlands and the EU. Would you like to understand what the ACM’s ongoing investigation into grocery prices in the Netherlands means for your organisation, or how best to prepare for potential information requests and consultations? Our competition law team is ready to support you with practical and strategic advice.
