By 2050, the Netherlands aims to use only energy from renewable sources. The transition from fossil fuels to renewable energy sources is therefore a prominent topic in political debate and policy. This has already led to various changes in regulations and an increasingly active role for the Netherlands Authority for Consumers and Markets (Autoriteit Consument & Markt, “ACM”) in this area. As the competition authority and regulator of the energy market, the ACM has recently (once again) placed the energy transition at the top of its agenda for 2026.
In order to steer the energy transition in the right direction and accelerate where possible, ACM’s supervision covers a wide range of topics. From tariff methods to consumer protection and from algorithmic trading to heat networks. The recent policy document ‘Focus on Energy 2026’ shows that the ACM will focus primarily on accelerating the transition, establishing supply security (including resilience) and ensuring affordability for consumers.
In this blog, we discuss a small selection of ACM’s broader energy supervision activities, focusing on the frameworks for network congestion, the development of hydrogen infrastructure, and enforcement of the REMIT Regulation. Finally, we will briefly discuss the application of more traditional competition law framework to sustainability collaborations between (energy) companies.
New energy legislation
Due to the many developments at national and European level in the field of sustainable and renewable energy, the new Energy Act (Energiewet) came into force in the Netherlands on 1 January 2026. The Energy Act implements Directive 2024/1711 of the European Parliament and of the Council of 13 June 2024 (amending Directives 2018/2001 and 2019/944 as regards improving the Union’s electricity market design). The reform of the European energy market (Electricity Market Design) is part of the well-known European Green Deal. The new Dutch legislation combines the old Gas Act (Gaswet) and the Electricity Act 1998 (Elektrictiteitswet 1998) and has as one of its objectives ‘the transition to a cleaner, reliable, secure and affordable energy supply’. It therefore contains new rules for, among other things, stronger consumer protection, improving the right to energy sharing, more efficient use of the transport network, a system for data exchange and protection of the wholesale energy market.
Congestion measures
The required transition from fossil fuels to electricity (to achieve abovementioned objectives) will logically lead to an increase in electricity consumption. At the same time, more and more sustainable (but less controllable) energy is being generated. These developments are putting increasing pressure on the electricity grid (referred to as ‘systems’ in the new Energy Act), which in some cases can lead to a capacity shortage. This shortage is referred to as ‘congestion’ and has consequences for both the consumption and generation of electricity.
Based on the (former) Electricity Act and the (current) Energy Act, the ACM has the authority to draw up rules for the energy market, known as codes. ACM has used this authority to adopt the ‘Netcode electricity’ (Netcode elektriciteit), which includes various congestion measures to promote flexibility.
Flexible contracts
Due to shortage in the electricity systems, the ACM has been looking for ways to make better use of the grid. In its overview and insight into congestion measures, updated in July 2025, the ACM discusses various options for alternative transport rights. This means that a connected party can choose to no longer have the right to access the system at all times.
The ACM has created various options in the Code Decision on Non-Firm Connection and Transport Agreements (Codebesluit non-firm aansluit- en transportovereenkomst, “ATO”), including a fully variable transport right, a time-limited transport right (85% of the year’s transport rights) and a timeslot-limited transport right (access to the grid on pre-agreed days). An existing connected party can also enter into a capacity restriction contract with the network operator. In such an agreement, the connected party agrees to temporarily make no or only limited use of the contracted capacity in exchange for compensation. This also frees up additional space on the system for other users.
To ensure that congestion measures are actually used more frequently, the ACM has instructed system operators to draw up improvement plans that provide better insight into network usage. System operators and (organisations representing) system users have also recently signed an agreement on a new regulatory method. The ACM believes that by removing legal disputes about the method, it will be possible to focus more effectively on implementing the necessary measures.
Furthermore, the ACM says it will take decisions in 2026 on time-dependent network tariffs (on regional grids) and is still investigating how companies that have battery systems (which can purchase extra power or feed it back at peak times) or electrolysers (which convert surplus power into hydrogen) can contribute to more efficient use of the grid, and what discounts/rewards should be offered in return.
Forms of energy sharing
Congestion can also be reduced by sharing a grid connection. In December 2025, the ACM introduced the possibility for large consumers to enter into a group transport agreement with other large consumers. In this agreement, they can distribute the supply and demand of transport capacity. This local coordination means that the group requires less capacity overall, reducing the pressure on the grid.
Another option that the ACM considers suitable is so-called ‘cable pooling’. In these instances, two or more connected parties located in close proximity to each other share a physical connection, which makes it more efficient. This option was developed primarily in view of combining a solar park and a wind farm (as complementary generators) with a battery and/or a consumer. In order to make use of this scheme, the cable poolers must submit an application to the relevant system operator and conclude an agreement. The ACM must then be notified of the shared connection.
Finally, last year, the ACM published a paper on opportunities in relation to energy sharing. Energy sharing is the simultaneous consumption of electricity by ‘energy receivers’ at the moment that ‘energy providers’ generate sustainable electricity (and does not consume it themselves). This will require an agreement to be concluded in which the tariff is determined by mutual agreement. Energy sharing can take place within an energy community or other group of consumers (neighbours). Energy sharing is becoming a right that must be facilitated by energy suppliers and system operators.
Right to a (new) connection
In principle, Article 23 of the Electricity Act 1998 stipulates that a system operator is obligated to provide anyone who requests it with a connection to the electricity grid within a reasonable period of time. At least one connection must be provided for each immovable property. In practice, however, (rapid) access to the system is no longer a given. Due to increasing congestion and an overloaded grid, the ACM has therefore drawn up new rules regarding the granting of connections. In the event of congestion, for example, the system operator has more flexibility with regard to the connection period for large users. In 2026, the ACM will also decide on (longer) connection periods for small users.
Because new connections can no longer be issued instantly, new applications end up on a waiting list. This poses a problem when essential businesses need a new connection. That is why the ACM has drawn up a social priority framework on the basis of which businesses can be given priority. The Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven) recently ruled on the ‘Code Decision on Priority Space’. In its ruling, the Tribunal found that the ACM has the authority to draw up this priority framework and that this is also important in view of congestion problems, but that the ACM should further investigate and justify which party is given priority.
Hydrogen
In addition to traditional energy systems, (sustainable) hydrogen will play an important role in achieving the climate targets for 2050, particularly as a fuel for transport and for heating buildings as a replacement for natural gas. Because of the important role that (blue and green) hydrogen can play in achieving climate targets, the European Parliament and the Council have drawn up directives to ensure the proper functioning of the internal Jmarkets for natural gas and hydrogen. Directive (EU) 2024/1788 on common rules for the internal markets for renewable gases, natural gas and hydrogen states, among other things, that it is important for hydrogen users to have the same rights as natural gas customers and that unnecessary barriers to the market must be removed.
This idea is now also enshrined in Dutch legislation: the new Energy Act explicitly applies to hydrogen (which was not the case in the old Gas Act). An important change is that the Energy Act imposes an obligation on the transmission system operator to allow hydrogen into the gas network, provided that certain conditions are met.
Despite the high expectations for green hydrogen in the energy transition, major developments are lagging behind due to uncertainties on both the demand and supply sides of the hydrogen market. Uncertainties about volumes, prices and infrastructure mean that making large investments remains risky. The ACM emphasises the need for clear government regulation to stimulate the hydrogen market and has recently responded to this by drawing up policy on third-party access and tariff regulation.
Third-party access to hydrogen terminals
Potential users must be able to access the capacity of a hydrogen terminal on the basis of objective, transparent and non-discriminatory conditions, in accordance with European regulations. The ACM has developed a system for negotiated third-party access. It is therefore up to the hydrogen terminal operator and (potential) users to make agreements among themselves, whereby users must in principle be treated equally, albeit that objective justifications may exist for agreeing on more favourable conditions for a launching customer (an initial customer who has played an important role in the development of the infrastructure). Rules for third-party access can contribute to the possibility of scaling up the market, and to investment security. The ACM stated that it will provide further clarity on third-party access with follow-up publications in 2026.
Tariff regulation
The ACM is also investigating various regulatory instruments to prevent high hydrogen network tariffs. For example, European regulations offer the possibility of spreading the recovery of hydrogen transport network costs over time (intertemporal cost allocation), so that future users contribute to the initial costs. European legislation also allows for a temporary cross-subsidy whereby an additional levy is charged to users of gas transport networks in order to reduce hydrogen tariffs.
In 2026, the ACM will draw up an in-depth paper detailing the tariff regulation for hydrogen. It may make specific choices in this paper on how efficient costs should be distributed over time (e.g. by adjusting depreciation methods or the WACC system) and about the tariff structure, such as the distribution of costs between importers and customers (e.g. a 50/50 or 40/60 split), between location-independent versus distance-based tariffs, and between capacity or volume tariffs.
Finally, the ACM intends to present its vision on the regulation of CO2 transport and CCS (carbon capture, transport and storage) in the second half of this year.
Wholesale markets: REMIT
The ACM has recently stepped up its supervision of the wholesale markets for electricity and gas. This supervision is based on the Regulation on Wholesale Energy Market Integrity and Transparency (REMIT). Throughout the year, ACM publishes updates on indicators of its supervisory work under this Regulation. These show that ACM received 17 signals of possible prohibited trading in the first half of 2025 (similar to the previous period). Most of the signals related to possible market manipulation, such as marking the close, layering/spoofing, off-market orders, erroneous orders, capacity hoarding, quote stuffing, and wash trades.
The ACM can intervene with a warning or a fine. A year ago, for example, an international market participant was warned because of indications of market manipulation. This involved trading behaviour known as marking the close. This means that a market participant influences the reference price on the market by deliberately buying or selling just before the closing price is set, causing the price to shoot up. Contracts that were concluded earlier are then settled at this artificially inflated closing price.
The ACM also sees an active role for itself in 2026 in continuing to steer honest, transparent and increasing cross-border trade on the wholesale energy markets in the right direction. For example, the ACM has announced that it will take action if there are signs of market abuse, such as frustrating fair price formation or failing to disclose inside information or doing so late. When prioritising between the various signals, the ACM explicitly considers the impact of the behaviour on the energy transition.
Furthermore, ACM has the authority to request information regarding algorithmic trading from companies that use it. Algorithmic trading is increasingly being used as the generation of renewable energy sources is less predictable for traders. This increases the risks of, for example, algorithmic collusion or market manipulation. In 2025, the ACM investigated whether adequate systems are being used for algorithmic trading and whether companies are carrying out risk controls. According to the ACM, the investigation has led to greater awareness and visible improvements in compliance.
Competition law in the energy transition and sustainability
Competition law also plays a role in the establishment of partnerships between companies active in the field of energy transition in the broadest sense of the word. Particularly in emerging and developing markets with relatively high barriers to entry or growth, there are opportunities for cooperation between competitors or between suppliers and customers if this is necessary or if it brings (clear) efficiency gains. There is also much to be gained in terms of sustainability through more intensive cooperation between (other) companies (active outside the energy sector), according to a study by the ACM. In recent years, there has been increasing cooperation between large companies, but less so among small and medium-sized enterprises. The ACM considers that this could be due to lacking knowledge of competition rules amongst these undertakings.
Competition law offers various generic and sustainability-oriented frameworks within which cooperation is permitted. For example, the horizontal block exemptions and guidelines offer options for companies with a limited market share to join forces, for example by agreeing to produce jointly or to market sustainable products. Broadly speaking, it is important that the advantages outweigh the disadvantages of the agreement and that the restriction of competition does not go beyond what is necessary to achieve the (sustainability) benefits. Sustainability agreements can also be made in vertical relationships. In addition, there are specific regimes for sustainability standards and (only in the Netherlands) for environmental damage restrictions.
Informal assessments
In the past, ACM has expressed itself positively on various initiatives involving cooperation between companies in the energy sector. In 2022, for example, the ACM stated that companies were allowed to enter into joint multi-year contracts for the purchase of electricity from a wind farm (yet to be built): this allows companies to fix their price for green electricity for a longer period of time, while developers are assured of sales. System operators were also allowed to agree to apply a CO₂ price when making investment decisions, in order to make cleaner choices more attractive. The ACM assessed both initiatives on the basis of its (then draft) Guidelines on Sustainability Agreements.
Another example from 2022 is the informal assessment of a collaboration between Shell and TotalEnergies for large-scale CO₂ capture and storage (CCS) in the North Sea. The ACM considered that the benefits of this collaboration far outweighed the potential restrictions on competition. The collaboration was seen as crucial to the feasibility of the project (i.e. reducing the financial and operational risks for the parties involved and providing certainty about a minimum purchase). Although joint pricing would apply in the start-up phase, the ACM believes that sufficient competition will remain because the cooperation concerns only part of the total capacity and third parties will have fair and non-discriminatory access to the remaining capacity.
Furthermore, in recent years, the ACM has regularly expressed its support for numerous sustainability agreements in other sectors, including sustainability standards (asphalt, e-commerce), ESG reporting (banking sector), agreements between competitors on recycling (waste, coffee capsules) and making production (chains) more sustainable (metal, natural stone, clothing and textiles).
