On 19 September 2025, the Netherlands Authority for Consumers & Markets (ACM) published its Guidance regarding price indications and comparisons. This document provides important clarification on the rules introduced in May 2022 for announcing price reductions and displaying the lowest price applied in the 30 days prior to a discount (the “lowest prior price”) under Article 5a of the Dutch Price Indication Decree. The ACM takes a strict approach but also offers practical advice on structuring discount communications in line with these rules and with general consumer protection rules against misleading practices.

The ACM sets out five key rules for correct price display:

1. Only cross out the lowest prior price
   The only price that may be shown as crossed out is the seller’s lowest prior price.
2. No fake discounts
   Price techniques such as “X% off,” “€X off,” or “was” prices are not allowed if the reference price is not the lowest prior price.
3. No artificially inflated prices
   “From” prices must not be artificially raised before a discount. Recommended retail prices (RRPs) may only be used if they are clearly explained and can be shown to be both manufacturer-recommended and generally applied in the market.
4. Clear and prominent information
   Any reference prices (e.g., RRPs) must be clearly and prominently explained with permanent text directly next to the price — not hidden behind an information icon.
5. No excessively long discounts
   Discounts must not run for an unreasonably long time, depending on how long the “from” price was applied. According to the ACM, any promotion lasting longer than three months is considered excessive in any circumstances.

The guidance includes multiple practical examples of how to apply these rules. The main takeaway: discount percentages and crossed-out prices may only be based on the lowest prior price. This interpretation goes beyond the literal wording of Article 5a but aligns with the CJEU Aldi Süd ruling. Other prices — such as RRPs, “usual prices,” or “most-often prices” — may not be crossed out or used to calculate discount percentages and must always be explained with static, visible text.

The ACM also discusses the legal exceptions to the rule: for perishable products (the price immediately prior to the discount may be mentioned), progressive discounts (the same “from” price may be mentioned, but only during continuous price reductions and for a maximum of three months), and new products (the lowest price within a reasonably chosen period may be mentioned, provided that period is clearly stated).

Notably, the ACM does not address the exceptions mentioned in the European Commission’s guidelines, such as discounts within loyalty programs, personalized discounts, or conditional offers (e.g., “30% off when you buy 3 items”). This leaves open the question of whether ACM would still apply Rules 1 and 2 to such cases — meaning the reference price (e.g., the crossed-out price) might also have to be the lowest prior price. Likely, the rule would not apply here, since such promotions are arguably not “price reductions,” but it would have been helpful if ACM had explicitly confirmed this.

The guidance further clarifies that different prices and promotions may be applied across sales channels (such as in-store, online, or in-app), provided that all comply with the legal requirements. It also confirms that general discount campaigns — for example, “20% off everything” — fall under the lowest prior price rule, and that platforms which both sell products themselves and host third-party sellers must ensure that all prices and discount indications are displayed in accordance with the applicable laws and regulations.

Overall, the ACM’s guidance provides valuable practical tools and examples for applying the lowest prior price rule. At the same time, the guideline shows that the ACM will enforce the rules strictly — while still leaving some open questions.