Netherlands: Issued ruling upholding ACM fine against Samsung Electronics over alleged anti-competitive practices

On 12 November 2023, the Rotterdam District Court issued its ruling upholding the imposition of a fine on Samsung Electronics Benelux imposed by the Dutch Authority for Consumers and Markets (ACM) for anti-competitive practices between 2013-2018. The ACM found that Samsung restricted retailers' freedom to set their own online prices for televisions and, thus, limited consumer access to price competition. Samsung appealed the fine, arguing that their interactions with the retailers were limited to providing price advice, but the Court disagreed, interpreting the communication as requests to raise prices. The Court noted that Samsung's practices were not compliant with competition rules and that its conduct disrupted competition. The ruling is subject to appeal.