On 14 September 2021, the ACM imposed a fine of more than 39 million euros on Samsung Electronics Benelux B.V. for coordinating retail prices of all Samsung televisions with various retailers from January 2013 through December 2018.[1] These seven retailers jointly represented a large majority of Samsung television sets sold in the Netherlands.[2]

Using so-called spider software, Samsung was able to analyse price movements before contacting various retailers to urge them to adjust their retail prices for television models to a market price desired by Samsung. This is evidenced by both internal and external emails, and WhatsApp messages. Samsung stated that the same price had also been communicated to competing retailers.[3]

Providing indicative list prices or non-binding recommended retail prices is not prohibited. However, the ACM is of the opinion that Samsung went beyond what is permissible, because it systematically and directly intervened in the competition between the retailers.[4] This action by Samsung created a climate in which retailers were discouraged from taking the initiative to reduce prices, which is to the detriment of consumers. The agreements existed for more than six years.

[1] Summary of decision concerning Samsung Electronics Benelux, ACM, case number: ACM:20/040569, para. 1.

[2] Summary of decision concerning Samsung Electronics Benelux, ACM, case number: ACM:20/040569, para. 9.

[3] Summary of decision concerning Samsung Electronics Benelux, ACM, case number: ACM:20/040569, para. 3.

[4] Summary of decision concerning Samsung Electronics Benelux, ACM, case number: ACM:20/040569, paras. 5-8.