Carmen Verdonck

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.