Under Pressure? For The Time Being The ACM Maintains Liberal Approach To Vertical Restraints

The increasingly strict line taken by competition authorities in Austria, France, Germany and the UK has not compelled the Netherlands Authority for Consumers & Markets (ACM) to change its liberal approach towards vertical restraints pursuant to which vertical issues are assessed on a case-by-case basis, taking account of potential efficiency gains. It is only where the vertical restraint poses a high risk for consumer harm, that the ACM will initiate an investigation. Even though the ACM is unlikely to take swift action against vertical restraints, companies would be wise to keep an eye on the developments regarding this subject. The ACM seems to be under pressure to follow the more strict approach taken by other competition authorities. It intends to publish a policy paper on the subject this spring.