On 14 February 2024, the Netherlands Authority for Consumers and Markets (ACM) announced that it launched an investigation into Bol.com, one of the largest online retail platforms in the Netherlands. 

Bol.com operates an online platform in the Netherlands and Belgium on which retailers (also called “sales partners”) can offer their products to consumers. Bol.com itself also sells products on the platform and has appointed some sales partners as “select sales partners”, which receive some additional benefits. According to the ACM, several other sales partners reported that their products are not receiving adequate visibility on the online platform, despite offering competitive prices and/or superior quality. These companies claim that Bol.com favours its own offers or those from “select sales partners”, giving them preferential treatment. There also have been reports that Bol used data from its sales partners to strengthen its own position on the platform. The ACM announced to have started an investigation into both allegations.

While the ACM did not name Bol.com as the target of its investigation but referred to “an online platform”, Bol.com immediately issued a press release confirming that it had received questions from the ACM about the way it structures its platform for its sales partners. Bol.com states that it will fully cooperate with the ACM’s investigation and provide the ACM with all necessary information to ensure a smooth process.

The investigation of the ACM fits perfectly in the ACM’s agenda for 2024: promoting a fair and digital economy on the basis of the rules for consumer protection and competition. Therefore we cannot rule out that the ACM may also investigate other digital platforms operating in the Netherlands. We will continue to closely monitor the developments. 

Please contact Pauline Kuipers or Reshmi Rampersad if you want to be kept informed of any developments or want to reach out to the ACM in relation to this investigation.