Prohibited Price-Fixing under Dutch Law

Published on 20 November 2025 · Last updated 28 October 2026

Price-fixing between competitors is prohibited under Dutch law. Article 6 of the Dutch Competition Act (Mededingingswet) bans agreements and concerted practices that restrict competition on the Dutch market, and such agreements are void (Article 6(1) and (2) Competition Act). The ACM can impose a fine of up to EUR 900,000 or 10% of turnover, multiplied by the number of years the infringement lasted, up to four (Article 57).

This page is for foreign companies that compete with Dutch businesses, sit in a Dutch trade association, bid in Dutch tenders or have received questions from the Netherlands Authority for Consumers and Markets (ACM). You will read which contacts with competitors are prohibited, what a cartel costs, how leniency works and when to call in a Dutch lawyer. Price rules between a supplier and its distributors are a separate topic: see price agreements, exclusivity and territories in distribution and resale price maintenance.

What counts as prohibited price-fixing under Dutch law?

Any agreement or concerted practice between competitors that fixes or coordinates prices, discounts, surcharges or other trading conditions. A written contract is not needed: a verbal understanding or coordinated behaviour is enough (Article 6(1) Competition Act).

Where the conduct may affect trade between EU Member States, Article 101 TFEU applies alongside the Dutch rule. It expressly names agreements that “directly or indirectly fix purchase or selling prices or any other trading conditions” and declares them automatically void. Dutch law defines a cartel in the same spirit: coordination between competitors of prices or other trading conditions, the allocation of quotas, the sharing of markets and customers, and bid rigging (Article 6:193k(d) Dutch Civil Code).

Typical examples of prohibited arrangements between competitors:

agreeing on a price increase, a minimum price or a common percentage for the next season;
agreeing not to give discounts to certain customers, or to apply the same surcharge (for energy, fuel or raw materials);
dividing customers, regions or product lines so that each company keeps “its” customers;
deciding in advance who wins a tender, or submitting a cover bid that is meant to lose;
a trade association recommending prices or rates to its members.

Is sharing price information with a competitor also prohibited?

It can be. The prohibition covers concerted practices, not only agreements. Telling a competitor what you will charge next quarter, even without a promise in return, can lead to coordination that the law treats as a cartel (Article 6(1) Competition Act).

The risk is greatest at trade association meetings, trade fairs and informal contacts between sales managers. General market information that is public or historic is usually less sensitive than individual, current or future prices, volumes or customer data. If a competitor raises prices in a conversation, end the conversation, say clearly that you do not take part, and record this in writing the same day. That record helps your company if the ACM investigates later.

Are there exceptions for small companies or useful cooperation?

Yes, but they are narrow. Small-scale cooperation between at most eight companies with a limited combined turnover falls outside the Dutch prohibition, and cooperation that brings real efficiencies can be allowed if the companies can prove the statutory conditions (Article 7 Competition Act).

The de minimis rule applies if no more than eight undertakings are involved and their combined turnover in the previous calendar year does not exceed EUR 5,500,000 if all of them are mainly engaged in supplying goods, or EUR 1,100,000 in all other cases (Article 7(1)). Separately, the prohibition does not apply to arrangements between competitors whose combined market share does not exceed 10% on any relevant market affected, provided the arrangement cannot appreciably affect trade between Member States (Article 7(2)). The ACM can still declare the prohibition applicable if the arrangement substantially harms competition (Article 9), and the Dutch exception does not take an agreement outside Article 101 TFEU where that applies.

Outside these thresholds, cooperation is only allowed if it improves production or distribution or promotes technical or economic progress, gives users a fair share of the benefit, imposes no restrictions beyond what is needed and does not eliminate competition for a substantial part of the products (Article 6(3) Competition Act). The company relying on this exception must prove it (Article 6(4)). For a pure price agreement between competitors, that proof is very hard to give.

What are the consequences of price-fixing in the Netherlands?

Three consequences can follow: the agreement is void, the ACM can impose a fine on the company and on individuals, and customers can claim damages. These consequences apply to foreign companies whose cartel affects the Dutch market as well.

Consequence	What the law says
Void agreement	A prohibited agreement is void by operation of law; you cannot enforce it in court (Article 6(2) Competition Act).
Fine on the company	Up to EUR 900,000 or, if higher, 10% of turnover, multiplied by the years the infringement lasted (minimum one, maximum four); doubled for a repeat offence within five years (Article 57(1), (3) and (5)).
Fine on individuals	Infringements can be committed by natural persons and legal persons; persons who ordered or actually directed the infringement can be fined as well (Article 5:1(3) General Administrative Law Act).
Damages	A cartel is presumed to cause damage, and as a rule each participant is liable for the entire damage; a company that received immunity, and in some cases a small company, is in principle liable only towards its own direct and indirect customers (Article 6:193l and 6:193m Dutch Civil Code).

A damages claim becomes time-barred five years after the day following the day on which the infringement ended and the injured party knew, or could reasonably know, of the infringement, the damage and the liable person, and in any event twenty years after the infringement ended (Article 6:193s Dutch Civil Code). If your company was overcharged by a cartel of Dutch suppliers, that presumption of damage makes a claim more realistic than many foreign buyers expect.

Has your company been approached by a competitor, or do you suspect that your sales team crossed the line? Ask a Dutch lawyer to assess the facts before you decide whether to stop, report or defend.

How does leniency work in the Netherlands?

A company that reports its own participation in a cartel to the ACM can receive immunity or a lower fine. Immunity is reserved for the first applicant that provides evidence enabling the ACM to carry out a targeted inspection or, if the ACM already had that, evidence sufficient to establish the infringement. Later applicants that provide evidence with significant added value can receive a reduction of 30 to 50% (the first), 20 to 30% (the second) and up to 20% (subsequent applicants) (Leniency Decree, Articles 5 and 6; see also the ACM leniency page).

The legal basis is Article 58c of the Competition Act and the Leniency Decree (Besluit clementie), which covers both companies and individuals who ordered or directed the cartel (Article 58c Competition Act). The applicant must provide evidence, keep cooperating and answer the ACM’s questions throughout the investigation. A lawyer can first ask the ACM by telephone, without filing an application, whether immunity is still available; if the answer is yes, the company must apply immediately (Article 9 Leniency Decree). Timing therefore matters: if a competitor reports first, your company loses the chance of immunity.

What happens if the ACM investigates your company?

ACM officials can enter business premises without permission, demand access to business records and copy them, including e-mail and chat messages. Everyone must cooperate with these requests within a reasonable period (Articles 5:15, 5:17 and 5:20 General Administrative Law Act).

A person who is questioned with a view to a fine being imposed on that person does not have to make statements about the infringement and must be told so beforehand (Article 5:10a General Administrative Law Act); other employees must cooperate (Article 5:20). A search of a private home without the occupant’s consent requires prior authorisation from the investigating judge (rechter-commissaris) of the Rotterdam District Court (Articles 50 and 51 Competition Act). In practice, the first hours of an unannounced inspection decide what the ACM takes with it. Have a protocol ready: who receives the officials, who calls the lawyer, and who keeps track of what is copied.

What should you do if a competitor proposes a price agreement?

Refuse clearly, end the contact and record the refusal. Then check whether earlier contacts went further than you thought, because that determines whether leniency is worth considering.

End the conversation or leave the meeting, and say that your company does not discuss prices or customers with competitors.
Record the date, the participants and what was said, and send that note to your legal department or lawyer.
Check internally whether there were earlier contacts with the same competitor, by e-mail, chat or in person.
Decide with your lawyer whether a leniency application is appropriate, and do not discuss that step with anyone outside the company.
Train the sales team: the rules apply to every employee who speaks to competitors.

Practical example: a trade association meeting in Rotterdam

Suppose a Belgian producer of packaging materials joins a Dutch trade association. At a members’ meeting, the chairman says that energy costs justify a uniform surcharge of a fixed percentage and asks who will apply it. Several members nod. The Belgian sales manager says nothing and applies the surcharge a month later.

Silence did not protect the company: it heard what competitors would charge and then applied the same surcharge. The safer course was to object at the meeting, ask for the objection to be recorded in the minutes and set prices independently. Once the surcharge has been applied, the company should have a lawyer assess the facts quickly, including whether leniency is an option.

When should you involve a Dutch lawyer for price-fixing questions?

As soon as a competitor raises prices or customers, when you plan cooperation with a competitor, when the ACM contacts you or arrives at your premises, or when you believe you overpaid because of a cartel.

MAAK Advocaten in Amsterdam advises foreign and Dutch businesses on cooperation with competitors, trade association rules and distribution agreements under Dutch and EU competition law. We assess whether an arrangement is allowed, assist during ACM investigations, and bring or defend damages claims before the Dutch courts in first instance and on appeal. Read more about our contract and commercial law practice or our overview of Dutch contract law.

Frequently asked questions about price-fixing under Dutch law

Is price-fixing illegal in the Netherlands?

Yes. Agreements and concerted practices between companies that restrict competition on the Dutch market are prohibited and void under Article 6 of the Dutch Competition Act. Where trade between EU Member States may be affected, Article 101 TFEU also applies.

What is the maximum fine for a cartel in the Netherlands?

The ACM can impose a fine of up to EUR 900,000 or, if higher, 10% of the company’s turnover, multiplied by the number of years the infringement lasted, with a maximum of four years (Article 57 Dutch Competition Act). The maximum doubles for a repeat offence within five years.

Is exchanging prices with a competitor a cartel?

It can be. The Dutch prohibition covers concerted practices, so sharing current or future prices, discounts or customer information with a competitor can amount to a cartel even without a formal agreement. End such contacts and record that you did not take part.

Can a company avoid a fine by reporting a cartel to the ACM?

Yes, under the leniency rules. Immunity is reserved for the first company that provides evidence enabling a targeted inspection or, failing that, evidence sufficient to establish the infringement; later applicants can receive a reduction of up to 50% (Articles 5 and 6 Leniency Decree, based on Article 58c Dutch Competition Act).

Can I claim damages from a cartel in the Netherlands?

Yes. A cartel is presumed to cause damage, and as a rule each participant is liable for the entire damage, with limited exceptions for an immunity recipient and some small companies (Articles 6:193l and 6:193m Dutch Civil Code). The claim is time-barred five years after the infringement ended and you knew of it, and in any event after twenty years.