The Netherlands: DMA enforcement paradise?

The Dutch Authority for Consumers and Markets (ACM) has played a major role in
supporting the enactment of the Digital Markets Act (DMA). In this paper we trace how the Dutch have influenced the DMA and then examine how the ACM is gearing itself up to play a major role it its enforcement by considering the current legislative proposal, which would confer on the ACM more powers than required by the DMA. This, combined with the ACM’s active enforcement of competition law in the digital space, its eagerness to explore synergies with other regulators via the Digital Regulation Cooperation Platform, and a healthy system for collective redress which can stimulate private enforcement, suggests that the Netherlands may well become a significant actor in the regulation of digital markets. Combined with a cooperative approach vis-à-vis the European Commission, the Dutch case-study provides valuable lessons for other national competition authorities.