Belgian Competition Authority Temporarily Suspends Exclusivity Clause in International Show-Jumping Regulations
25/08/2015

On 27 July 2015, the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la concurrence) suspended the exclusivity clause preventing horse riders from participating in show-jumping competitions not approved by the Fédération Equestre Internationale (“FEI”).

This case was triggered by a complaint by Global Champions League (“GCL”), Global Champions Tour’s new show-jumping league and team competition. GCL had complained to the BCA that the exclusivity clause included in the General Regulations of FEI, the governing body for show-jumping, was anti-competitive. Pursuant to this clause, athletes and horses cannot compete in FEI approved events if they participated in an event not approved by the FEI over the previous six months. According to GCL, this clause prevents riders from participating in non-FEI events since show-jumping competitions take place all year round. GCL stressed that FEI not only sets the rules applicable to all competitions but also competes with some organisations governed by its regulations by running its own commercial show jumping events.

GCL’s complaint included an application for interim measures in order to prevent FEI from implementing this exclusivity clause for the duration of the investigation. After a prima facie analysis of the case, the Competition College of the BCA decided to grant GCL’s request and ordered FEI to suspend its exclusivity clause until the BCA adopts a final decision on the merits of the case or until the BCA reviews the interim measure.

The BCA announced that “with the measure, the College wishes to avoid, pending the procedure on the complaint, that the Global Champions League cannot be organised in 2016, with the risk that the project needs to be abandoned”. This suspension implies that FEI cannot reject or penalise, directly or indirectly, athletes or horses for their participation in a GCL competition and must inform its members, athletes, officials and organisers accordingly.

Interim measures adopted by the BCA are only temporary and do not prejudge the existence of any infringement of Belgian or European competition law.

Related : Van Bael & Bellis ( Mr. Martin Favart ,  Mrs. ValĂ©rie Lefever )

Mr. Martin Favart Mr. Martin Favart
Partner
mfavart@vbb.com
Mrs. Valérie Lefever Mrs. Valérie Lefever
Associate
vlefever@vbb.com

Click here to see the ad(s)
All articles International Private law

Lastest articles International Private law

International Business Court to Put Brussels on the Map as a Hub for Cross-border Dispute Resolution
14/01/2019

On 15 May 2018, the Belgian government submitted a bill to Parliament which brings us one step closer to the creation of t...

International Business Court to Put Brussels on the Map as a Hub for Cross-border Dispute Resolution Read more

Creation of an English-speaking international Commercial Court in Brussels
30/10/2017

The Belgian Federal Government has unveiled its plans for the creation of the Brussels International Business Court (BIBC)...

Creation of an English-speaking international Commercial Court in Brussels Read more

Jurisdiction clause in the general conditions of tender contract under Brussels I Regulation
02/11/2016

Agreements or clauses that confer jurisdiction to a state court are of great importance in international litigation. The r...

Read more

The Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civ...
25/04/2013

In December, the revision of the Brussels I Regulation was approved by the Council of the EU. The main modification is tha...

Read more

Lastest articles by Mr. Martin Favart

Brussels Court of Appeal Clarifies Obligation to Provide Statement of Reasons regarding Documents...
08/03/2018

On 13 December 2017, the Brussels Court of Appeal (the “Court”) held that documents seized by the Belgian Comp...

Read more

Belgian bpost case: European Commission intervenes to suggest a preliminary reference
09/11/2017

On 23 August 2017, it was made public that the European Commission will request the Belgian Supreme Court (“Cour de ...

Read more

Belgian bpost case: EU Commission Intervenes to Propose Preliminary Reference to EU Court of Justice
17/10/2017

On 23 August 2017, it was made public that the European Commission will request the Belgian Supreme Court to make a r...

Read more

Belgium Adopts Law on Private Competition Damage Actions
21/07/2017

On 18 May 2017, the Chamber of Representatives of the Federal Parliament (Kamer van volksvertegenwoordigers / Chambre des ...

Read more

Lastest articles by Mrs. Valérie Lefever

Belgian bpost case: European Commission intervenes to suggest a preliminary reference
09/11/2017

On 23 August 2017, it was made public that the European Commission will request the Belgian Supreme Court (“Cour de ...

Read more

Belgian bpost case: EU Commission Intervenes to Propose Preliminary Reference to EU Court of Justice
17/10/2017

On 23 August 2017, it was made public that the European Commission will request the Belgian Supreme Court to make a r...

Read more

Belgium Adopts Law on Private Competition Damage Actions
21/07/2017

On 18 May 2017, the Chamber of Representatives of the Federal Parliament (Kamer van volksvertegenwoordigers / Chambre des ...

Read more

Belgian Competition Authority Sanctions Bid-Rigging Cartel in Public Contracts for Railway Infras...
12/07/2017

On 2 May 2017, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurren...

Read more

LexGO Network