A jam-packed edition and a new name for our newsletter. Since every edition features articles on consumer law topics, our newsletter has been renamed Competition & Consumer Courier.
This edition's consumer law article discusses the rules that companies must follow when promoting price reductions. There has also been a lot of activity in the field of competition law, and with many developments also in the pipeline. A bill has been published for consultation that would give the ACM (the Dutch Authority for Consumers and Markets) the power to review mergers and acquisitions that fall below the turnover thresholds currently applicable for triggering a notification obligation to the ACM. We also discuss two interesting judgements of the Court of Justice in the Beevers Kaas and Android Auto cases. Beevers Kaas is of great importance to parties that use (in part) exclusive distribution systems for the sale of their products (or have been designated as such a distributor). Android Auto creates far-reaching obligations for companies that develop digital platforms intended for the use of third-party applications. Finally, there is an article about the recycling cartel of a number of major car manufacturers that was recently fined by the European Commission.
We hope you enjoy reading this edition!
Team Competition, EU & Trade
Bram, Nick, Stef, Emma & Anne-Sophie
Recent developments
Dutch Leadiant cases scrutinized: a legal battle with significant implications for the pharmaceutical industry
The legal battle surrounding the pharmaceutical company Leadiant is attracting attention not only because of its implications for drug pricing, but also because of its competition law aspects. At the heart of this controversy is the following question: did Leadiant abuse its economic dominance to impose excessive prices with respect to a life-saving drug?
The bill ACM Invocation Powers Act was in consultation from March 18 to April 18, 2025. The purpose of this bill is to create a new invocation power for the ACM, allowing it to preventively supervise concentrations. The bill specifically covers non-notifiable concentrations that fall below the turnover thresholds.
The Court of Justice of the European Union ruled on May 8, 2025 in Beevers Cheese and ruled in accordance with the Opinion of Advocate General Medina ("A-G Medina"). The ruling highlights the impact that exclusive distribution agreements have on the supplier's (agreements with) other, non-exclusive buyers.
In summary, the Court held that Alphabet should have provided access in this case. The ruling has major implications for companies operating public platforms.
Since Jan. 1, 2023, new rules apply in the Netherlands regarding the display of prices in price reductions. Misleading consumers should therefore be the end of the matter.
European Commission fines carmakers for participating in cartel
On April 1, 2025, the European Commission (Commission) imposed a fine totaling €458 million on car manufacturers involved in a cartel in the automotive sector. The cartel consists of 15 car manufacturers, including big names such as Volkswagen, BMW, Ford, Toyota, and even a trade association: the European Automobile Manufacturers Association (ACEA).
