A team of Maverikc Advocaten published an article in media and communication journal Mediaforum about the developments in judicial review of the market analysis decisions by the Dutch Authority for Consumers and Markets (ACM).
Pursuant to the Dutch Telecommunication Act, the ACM is obligated to reconsider its ex ante regulation of telecommunication markets every three years. In its market analysis decisions, the ACM describes whether the ACM deems it necessary to impose certain obligations on market players that have significant market power. These decisions are usually subjected to thorough and critical judicial review by the Dutch Trade and Industry Appeals Tribunal (CBb). The article analyses how judicial review by the CBb has developed in the past five years, what trends are visible and what can be expected in the upcoming regulation period.
