Competition law


Belgian competition authority raids retail chains

Belgian competition authority raids retail chains
22/05/2019

It was a blue Monday for a hand full of Belgian retailers on 20 May 2019 when the Belgian competition authority (BCA) conducted dawn raids on undertakings active in the retail distribution sector, which – according to the newpaper de Tijd – included Carrefour.

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Dénigrement en ligne : réagissez !

Dénigrement en ligne : réagissez !
09/05/2019

Le dénigrement en ligne constitue un mal répandu. Internet est aujourd’hui le premier outil d’orientation de la clientèle. Sans surprise, les entreprises en concurrence tentent de s’y démarquer. Au besoin, ces efforts prennent la forme de pratiques de dénigrement de leurs rivaux.

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Reform of Belgian Competition Law – Draft Bill Moves Forward

Reform of Belgian Competition Law – Draft Bill Moves Forward
17/04/2019

On 16 November 2018, the Belgian Council of Ministers adopted a draft Bill (the “Draft Bill”) bringing about a wholesale change of the competition law provisions of the Code of Economic Law (“CEL”) (see, Van Bael & Bellis on Belgian Business Law, Volume 2018, No. 11, p. 3, available at www.vbb.com). When the Belgian government became a caretaker government a few weeks later, the Draft Bill seemed moribund. However, members of parliament recently converted it into a private members’ bill which was introduced in the Federal Chamber of Representatives at the end of February 2019.

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Major change in the regulation of B2B relations- abuse of economic dependence and unfair terms between companies expressly prohibited

Major change in the regulation of B2B relations- abuse of economic dependence and unfair terms between companies expressly prohibited
10/04/2019

Starting from the observation that the current provisions of the Code of Economic Law would not make it possible to ensure an effective level of protection for companies in a position of weakness or even economic dependence on other companies

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Reform of Belgian Competition Law: Draft Bill

Reform of Belgian Competition Law: Draft Bill
13/12/2018

On 16 November 2018, the Belgian Council of Ministers adopted a draft Bill (the “Draft Bill”) amending numerous competition law provisions of the Belgian Code of Economic Law (“CEL”).

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How free are you, as a dominant undertaking, to determine your prices?

How free are you, as a dominant undertaking, to determine your prices?
04/10/2018

You work for a company that is the undisputed market leader in its sector. In an attempt to optimally exploit this market position, you propose to the Board of Directors to raise prices substantially for those products where your company has the largest market share.

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Belgian Competition Authority consults on draft guide on the exchange of information on markets and prices

Belgian Competition Authority consults on draft guide on the exchange of information on markets and prices
20/09/2018

On 12 September 2018, the Belgian Competition Authority (“BCA”) published its draft guide on the exchange of information on markets and prices, and has submitted it to a public consultation.

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Improved legal protection of trade secrets

Improved legal protection of trade secrets
14/09/2018

The act of 30 July 2018 concerning the protection of trade secrets entered into force on 24 August 2018. The act implements a European directive and provides an extensive set of actions to protect undisclosed know-how and business information (trade secrets) against unlawful acquisition, use and disclosure.

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Belgian Supreme Court: joint lobbying activities do not constitute restriction of competition

Belgian Supreme Court: joint lobbying activities do not constitute restriction of competition
13/09/2018

On 22 June 2018, the Belgian Supreme Court confirmed an earlier judgment of the Brussels Court of Appeal annulling a decision of the Belgian Competition Authority (“BCA”) that imposed a fine on a group of cement companies for allegedly anti-competitive joint lobbying efforts vis-à-vis the Belgian public authorities.

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