Bias in decision-making is a well-documented phenomenon that may influence regulatory practices, including those of the Netherlands Authority for Consumers and Markets (ACM). In the energy sector, supervisors assess signals, potential indications of market violations, to determine whether further investigation is necessary. However, these assessments may be unconsciously influenced by cognitive biases, limiting the consideration of diverse perspectives. This thesis aims to understand how biases might influence ACM’s supervisory practices within the energy department and explore possible interventions to mitigate these biases.

This project follows a design research methodology, combining literature review, observational studies, and expert interviews to understand the role of bias in ACM’s supervisory processes. Biases can accumulate through the various stages of the supervision process, influencing how signals are received, interpreted, and acted upon. For instance, during the detection stage, biases related to expertise may limit the diversity of perspectives considered in the assessment. Supervisors with strong legal or economic expertise may inadvertently prioritize signals that align with their own knowledge, while overlooking signals requiring a broader or more specialized view, such as sustainability or market dynamics. Additionally, the ways in which signals are presented and categorized may influence how supervisors perceive their importance or relevance, further reinforcing existing biases.

Intervention Design
Observations revealed that discussions often prioritized legal perspectives, with limited consideration of broader economic, social, and consumer-related factors. To address this, a toolkit was developed to facilitate critical discussion during detection meetings. The intervention consists of two key components:
• Bias Sheet – A set of reflective questions designed to help supervisors identify and challenge their own assumptions.
• Context Cards – A card deck categorized into four themes: consumers, the energy market, sustainability, and ACM’s mission. Each card provides a new perspective and a prompt question to encourage broader discussion.

During signal assessment, supervisors who lack legal expertise on a particular case are assigned the role of discussion challenger. These individuals use the Context Cards to introduce alternative viewpoints, ensuring a more balanced evaluation of signals. The detection coordinator concludes each discussion by inviting challengers to highlight any overlooked aspects. The toolkit is designed to be adaptable, so it could be altered to fit different meeting formats and can be further customized to fit ACM’s evolving processes.

Conclusion and Future Research
This thesis demonstrates that design can play a role in improving regulatory decision-making by making biases more explicit and encouraging structured critical reflection. However, further research is needed to:
• Explore how the toolkit can be applied across other stages of ACM’s supervision process.
• Investigate the long-term impact of the intervention on decision-making culture.
• Enhance engagement by incorporating interactive or gamified elements.
• By addressing these areas, the intervention can evolve into a broader strategy for fostering a culture of critical thinking and bias awareness within ACM and similar regulatory bodies.
... Read more