Carmen Verdonck
Europe Guide 2024
Band 2 : Competition: Domestic
Band 2
About
Provided by Carmen Verdonck
Practice Areas
Carmen advises a wide range of domestic and multinational clients about all aspects of Belgian and EU competition law, including cartel cases, distribution networks, technology transfer agreements, joint ventures, abuse(s) of dominance, and State aid matters. Carmen also represents clients in antitrust cases before the Belgian and European competition authorities and courts. She regularly assists various multinational clients in the setting-up of compliance programmes and training. In merger control cases, Carmen assists clients in obtaining merger control clearance from the Belgian Competition Authority and the European Commission and in the coordination of merger filings in numerous other countries.
Carmen has also developed solid experience in providing advice on a broad range complex contractual matters and the drafting of all types of commercial agreements.
Professional Memberships
Assessor in the Belgian Competition Authority
Maître de Conférences at the University of Liège (European Competition and IP law)
President of the Ligue Internationale du Droit de la Concurrence (LIDC)
Board member of the Belgian association for the study of competition law (AEDC).
Member of the legal committee of the Belgian Franchising Federation.
Publications
Contributor to The Merger Control Review, Eighth Edition, Belgian chapter, Law Business Research Ltd. 2017
Chambers Review
Europe
Carmen Verdonck advises on the notification of mergers to the BCA and on court proceedings relating to the public or private enforcement of competition rules in Belgium. She also assists with responses to requests for information and advises on competition compliance matters affecting individual companies or industry associations. Her practice equally covers questions pertaining to distribution networks.
Strengths
Provided by Chambers
"She is a very strong, technical lawyer."
"She is very good, solid, reliable and a good organiser."
"I am very happy with the collaboration with Carmen Verdonck. She combines her strong legal knowledge with strong commercial understanding."
"She will immediately understand the needs or wishes of the client and she will adapt."
"She understands the problem immediately and, due to her lengthy experience, she will also come up with multiple solutions."
"She is a very strong, technical lawyer."
"She is very good, solid, reliable and a good organiser."
"I am very happy with the collaboration with Carmen Verdonck. She combines her strong legal knowledge with strong commercial understanding."
"She will immediately understand the needs or wishes of the client and she will adapt."
"She understands the problem immediately and, due to her lengthy experience, she will also come up with multiple solutions."
Articles, highlights and press releases
10 items provided by ALTIUS
Belgian Competition Authority ramps up bid rigging crackdown, prosecuting individuals too.
On 21 September 2024, the Belgian Competition Authority announced it will prosecute individuals in subsidy-related investigations, marking a first. This follows recent bid rigging decisions and the BCA’s 2023 report prioritizing such practices.
New guidelines for the Belgian rules on foreign direct investment
Since July 2023, Belgium requires non-EU investors to notify the ISC before acquiring significant stakes in sensitive sectors. New April 2024 guidelines clarify notification rules, exemptions, and penalties, emphasizing compliance to avoid fines or divestment orders.
On 1 September 2024 the new Belgian Act on pre-contractual information documentation takes effect
From 1 September 2024, Belgium’s new law requires a pre-contractual information document (PID) for commercial cooperation agreements. The PID must include specific details about costs, obligations, and terms. Non-compliance may result in the nullity of the agreement or clauses.
Hospital mergers no longer subject to the Belgian Competition Authority’s prior review
Belgium's new law, approved on 28 March 2024, exempts most hospital mergers from prior review by the Competition Authority, aiming to simplify processes. Larger hospital mergers still require notification. The change follows ongoing debates about balancing competition and healthcare efficiency.
Belgium Strengthens Competition Authority's Role in Enforcing Digital Markets Act
Belgium's new Act implements the EU Digital Markets Act (DMA), boosting the Belgian Competition Authority's (BCA) powers. Key changes include expanded investigation rights, cooperation with the EU Commission, and new rules on hospital mergers. The Act takes effect 10 days post-publication.
BCA fines kitchen accessories company Le Creuset for resale price maintenance
The Belgian Competition Authority has fined Le Creuset EUR 490,112 for having implemented a resale price maintenance policy.
2023 began with the end of Jacques Steenbergen’s mandate as president of the BCA.
2023 Belgian Competition Law round-up
The BCA terminates its proceedings against Proximus following the divestiture of EDPnet to Citymesh
On 6 November 2023, the Belgian Competition Authority (“BCA”) announced that it had closed its investigation into a possible abuse of dominance by Proximus following the sale of EDPnet to Citymesh.
The BCA reimposes the same fine on Caudalie after its first decision was was quashed by the BMC
On 18 January 2023, the Belgian Competition Authority (“BCA”) reimposed a fine of EUR 859,310 on three undertakings of the Caudalie group for imposing retail prices and restricting active and passive sales.
Carrefour’s request to suspend the BCA’s decision on Intermarché AB and Mestdagh case rejected
On 23 December 2022, the Brussels Court of Appeal (“Market Court”) rejected Carrefour Belgium’s application for the suspension of the Belgian Competition Authority’s (“BCA”) decision of 9 November 2022 authorising the concentration between Intermarché AB (“ITM”) and Mestdagh.
Belgian Competition Authority ramps up bid rigging crackdown, prosecuting individuals too.
On 21 September 2024, the Belgian Competition Authority announced it will prosecute individuals in subsidy-related investigations, marking a first. This follows recent bid rigging decisions and the BCA’s 2023 report prioritizing such practices.
New guidelines for the Belgian rules on foreign direct investment
Since July 2023, Belgium requires non-EU investors to notify the ISC before acquiring significant stakes in sensitive sectors. New April 2024 guidelines clarify notification rules, exemptions, and penalties, emphasizing compliance to avoid fines or divestment orders.
On 1 September 2024 the new Belgian Act on pre-contractual information documentation takes effect
From 1 September 2024, Belgium’s new law requires a pre-contractual information document (PID) for commercial cooperation agreements. The PID must include specific details about costs, obligations, and terms. Non-compliance may result in the nullity of the agreement or clauses.
Hospital mergers no longer subject to the Belgian Competition Authority’s prior review
Belgium's new law, approved on 28 March 2024, exempts most hospital mergers from prior review by the Competition Authority, aiming to simplify processes. Larger hospital mergers still require notification. The change follows ongoing debates about balancing competition and healthcare efficiency.
Belgium Strengthens Competition Authority's Role in Enforcing Digital Markets Act
Belgium's new Act implements the EU Digital Markets Act (DMA), boosting the Belgian Competition Authority's (BCA) powers. Key changes include expanded investigation rights, cooperation with the EU Commission, and new rules on hospital mergers. The Act takes effect 10 days post-publication.
BCA fines kitchen accessories company Le Creuset for resale price maintenance
The Belgian Competition Authority has fined Le Creuset EUR 490,112 for having implemented a resale price maintenance policy.
2023 began with the end of Jacques Steenbergen’s mandate as president of the BCA.
2023 Belgian Competition Law round-up
The BCA terminates its proceedings against Proximus following the divestiture of EDPnet to Citymesh
On 6 November 2023, the Belgian Competition Authority (“BCA”) announced that it had closed its investigation into a possible abuse of dominance by Proximus following the sale of EDPnet to Citymesh.
The BCA reimposes the same fine on Caudalie after its first decision was was quashed by the BMC
On 18 January 2023, the Belgian Competition Authority (“BCA”) reimposed a fine of EUR 859,310 on three undertakings of the Caudalie group for imposing retail prices and restricting active and passive sales.
Carrefour’s request to suspend the BCA’s decision on Intermarché AB and Mestdagh case rejected
On 23 December 2022, the Brussels Court of Appeal (“Market Court”) rejected Carrefour Belgium’s application for the suspension of the Belgian Competition Authority’s (“BCA”) decision of 9 November 2022 authorising the concentration between Intermarché AB (“ITM”) and Mestdagh.
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