The Dutch Competition Authority Ends Its Investigation Into A Possible Wage-Fixing Cartel Between Dutch Supermarkets

On 26 November 2021, the Netherlands Authority for Consumers and Markets ("ACM") ceased its probe into agreements on wage increases between Dutch supermarkets. It came to this decision after a preliminary investigation showed that the alleged coordination of a limited wage increase for their employees between the supermarkets was covered by a recently concluded collective labour agreement with retroactive effect.

Following unsuccessful negotiations with the labour unions, Dutch supermarkets allegedly entered into an agreement in which they limited a pay increase of their employees to 2.5 %. The ACM presumed that the supermarkets entered into the agreements because of the failed attempt to come to a collective labour agreement. The trade unions had no part in the arrangement, which for the ACM was proof of a potential cartel. Recently the supermarkets did however succeed in concluding a collective labour agreement with the trade unions, which retroactively covered