Competition law


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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4,3 milliards : amende record infligée à Google

4,3 milliards : amende record infligée à Google
19/07/2018

Google a exigé des fabricants qu’ils préinstallent l’application Google Search et son navigateur (Chrome) comme condition à l’octroi de la licence pour sa boutique d’applications en ligne (Play Store). Elle a payé certains grands fabricants et opérateurs de réseaux mobiles pour qu’ils préinstallent en exclusivité l’application Google Search sur leurs appareils. Elle a entravé le développement d’autres versions d’Android non approuvées par Google (les «forks Android»).

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Competition law and algorithms: the Luxembourg Competition Council exempts a booking platform in the taxi sector

Competition law and algorithms: the Luxembourg Competition Council exempts a booking platform in the taxi sector
13/06/2018

Algorithms is the hot topic in competition law. In June 2017, the OECD published a paper on the risk of collusion in the use of algorithms. This issue has been regularly addressed by Commissioner Vestager in her speeches.

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Kinepolis Merger Conditions - Brussels Court of Appeal Annuls Decision to Lift Conditions

Kinepolis Merger Conditions - Brussels Court of Appeal Annuls Decision to Lift Conditions
22/05/2018

On 28 February 2018, the Brussels Court of Appeal (the “Court”) held that the decision of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence) (“BCA”) to partially lift specific conditions imposed on Kinepolis was poorly reasoned and it therefore annulled the decision.

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Dawn raids on cosmetic goods distributors by Belgian and French Competition Authorities

Dawn raids on cosmetic goods distributors by Belgian and French Competition Authorities
23/03/2018

On 1 March 2018, the Belgian and French Competition Authorities confirmed dawn raids on distributors of cosmetic goods in Belgium and France. Both inspections were authorized by a magistrate. For legal defence reasons, the distributors have not been named.

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Mr. Martin Favart

Brussels Court of Appeal Clarifies Obligation to Provide Statement of Reasons regarding Documents Seized during Dawn Raids
08/03/2018

On 13 December 2017, the Brussels Court of Appeal (the “Court”) held that documents seized by the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence) (“BCA”) during an inspection had been legitimately included in the scope of the investigation 

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Can an agreement that was void at any moment due to a violation of competition law be revived?

Can an agreement that was void at any moment due to a violation of competition law be revived?
12/02/2018

When a court invalidates an agreement because the rules of contract law were violated (for example because the agreement was concluded as a result of a mistake or deception), then that agreement is deemed to have never existed. It was never valid and never will be valid. Aside from a few exceptions, everything that has already been performed under the agreement must be undone. If an agreement is invalidated for violation of competition law, the consequences are less clear.

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