No joint price agreements for plastic packaging

The Consumer & Market Authority (ACM) has indicated in an informal assessment that there is no need for joint price agreements between supermarkets regarding plastic packaging. This follows a review of an initiative by the Central Bureau of Food (CBL).

From July 1, 2023, new rules will apply to plastic packaging. Supermarkets and other retailers may no longer offer free disposable cups and meal packs to customers. The CBL wanted to make joint price agreements on a fixed additional price, but the ACM sees no reason to agree. According to the ACM, such a price agreement is not necessary to promote sustainability.

What is going on?

As of July 1, 2023, consumers must pay separately for disposable plastic cups and containers. Companies must also offer a reusable alternative. The Ministry of Infrastructure and Public Works has set guide prices, but they are non-binding. Companies are allowed to set the price themselves and are encouraged to use the proceeds for sustainable alternatives.

Fixed joint additional price

The CBL requested permission from the ACM to make joint price agreements to prevent different supermarkets from having different prices. However, the ACM currently sees too much uncertainty about how companies will set the price. The ministry will review the rules in 2024 and consider introducing statutory minimum prices. The ACM may look again at joint price fixing if it proves necessary.

The ACM stresses that sustainability agreements must comply with competition rules. Companies can often cooperate and achieve sustainability goals without restricting competition.

Acm.nl

Photo: ©Dolores M. Harvey/Shutterstock