On 1 December 2021, the Netherlands Authority for Consumers and Markets (“ACM”) published a press release stating that it was carrying out an investigation into a possible cartel in the food processing sector.[1] The competing companies concerned are suspected of having made secret product-sharing agreements with each other. Product sharing involves mutual agreements about which company will manufacture which product, whereas each company should make such decisions independently. Furthermore, the companies are also suspected of making agreements regarding the purchase price of the agricultural products they process, and finally of making agreements regarding the selling price of these products. Prompted by these suspicions, ACM recently carried out raids at various companies in the Netherlands and also at a company in the food processing sector outside of the Netherlands. In the next few months, ACM will investigate whether competition rules have indeed been violated.
[1] ACM press release of 1 December 2021, ‘ACM investigates potential cartel in the food processing sector’.