Stijn de Jong

Short Reads - The ACM worries that the use of algorithms may lead to the creation of cartels, or nudge consumers towards a purchasing decision that is not in their best interest. Therefore, on 10 December 2020, it published a new policy document (in Dutch) setting out what businesses can expect when the ACM checks their algorithms. On the same day, the ACM also launched a trial with online music library Muziekweb to improve the ACM’s knowledge about the categories of data that are likely to be relevant in such investigations. All signs indicate the ACM’s intention to become more active in this area.

Articles - Mededingingsautoriteiten zijn op zoek naar instrumenten om snel in te grijpen bij ontluikende mededingingsproblemen op de  techmarkten.

Short Reads - Despite the ongoing COVID-19 pandemic, the European Commission is already looking ahead to set its consumer protection priorities for the next five years. Key points in the New Consumer Agenda include equipping consumers with better information on product sustainability, digital transformation, effective enforcement, safety concerning products ‘made in China’ and protecting particularly vulnerable consumers such as children, older people or those with disabilities. The New Consumer Agenda is a follow-up to the 2018 New Deal for Consumers.

Short Reads - There is a new enforcement trend in the Netherlands; consumer protection is shifting from private enforcement before the civil courts, to public enforcement through the Dutch Authority for Consumers and Markets (ACM), the combined antitrust and consumer protection authority. This is not mere cheap talk from the authority; multimillion fines have already been imposed on Dutch telecom operators and a Dutch energy company, whereas fines approximating one million euro have been imposed on three kitchen retailers, all for allegedly misleading consumers.