ACM supervision in the energy sector

The Authority for Consumers and Markets is the independent regulator of the Dutch energy market. It regulates grid operators’ tariffs, adopts the technical and tariff codes, supervises suppliers and resolves disputes between connected parties and grid operators.

Legal basis

Its powers derive from the Energy Act, which since 1 January 2026 has replaced the Electricity Act 1998 and the Gas Act, and from the Establishment Act of the Authority. The European framework is Directive (EU) 2019/944 and Regulation (EU) 2019/943, which require the national regulator to be independent and to hold powers of its own. The regulator adopts method decisions determining grid operators’ allowed revenues for a regulatory period; those can be appealed directly to the Trade and Industry Appeals Tribunal. The same route applies to the codes. The Authority also holds enforcement powers, including orders subject to a penalty and administrative fines.

How it works in practice

Three routes matter for businesses. The first is participation in the code amendment procedure, in which interested parties may submit views before a decision is taken. The second is dispute resolution, for instance about a refused transport request or the application of a tariff. The third is appeal to the Trade and Industry Appeals Tribunal, which in energy matters rules at first and only instance.

Where it goes wrong

Businesses let the consultation stage pass and try to raise their objections only on appeal, by which point the court reviews the decision alone. A second error is treating a civil dispute with a grid operator as a regulatory dispute, or the reverse; the jurisdictional question is not always simple. Third, deadlines are missed because decisions are published in the Government Gazette rather than sent individually.

Related terms

Supervision connects to the grid operator, to congestion management and to the supply licence.

Would you like to challenge a decision or bring a dispute? Our energy lawyers conduct the proceedings.