Competition Law at Belgium
Sure! Here’s a clear overview of Competition Law in Belgium:
🇧🇪 Competition Law in Belgium
1. Legal Framework
Competition law in Belgium is governed mainly by:
Belgian Competition Act of 28 April 1991 (modernized by the Act of 28 July 2013 to align with EU law)
European Union competition law (Regulations and Treaty on the Functioning of the European Union (TFEU), Articles 101 and 102)
Complemented by sector-specific regulations and case law.
Belgium’s competition law closely mirrors EU competition rules and enforcement.
2. Key Authority: Belgian Competition Authority (BCA)
The Belgian Competition Authority (Autorité belge de la Concurrence / Belgische Mededingingsautoriteit) enforces competition law in Belgium.
BCA investigates and prosecutes anti-competitive practices within Belgium, including:
Cartels,
Abuse of dominant position,
Mergers and acquisitions control,
Unfair competition practices.
3. Main Competition Law Provisions
a. Anti-competitive Agreements (Article 101 TFEU & Belgian Competition Act)
Prohibits agreements or concerted practices between companies that prevent, restrict, or distort competition.
Typical examples:
Price-fixing,
Market sharing,
Bid rigging,
Output limitation.
b. Abuse of Dominant Position (Article 102 TFEU & Belgian Law)
Prohibits dominant companies from abusing their market position, such as:
Predatory pricing,
Refusal to supply,
Discriminatory pricing,
Tying and bundling.
c. Merger Control
Mergers and acquisitions must be notified if they meet certain turnover thresholds.
The BCA assesses whether the merger would significantly impede effective competition.
Also, EU-level merger control applies for larger mergers crossing EU borders.
d. Unfair Competition
Belgian Civil Code and Commercial Code provide protection against unfair commercial practices not necessarily covered by strict competition law (e.g., misleading advertising).
4. Enforcement and Penalties
The BCA can impose fines, order cessation of practices, and recommend remedies.
Fines can be substantial, sometimes up to 10% of worldwide turnover.
Decisions can be appealed to the Belgian Competition Court and further to the Court of Appeal.
EU Commission also enforces competition law in Belgium for cross-border issues.
5. Interaction with EU Law
Belgium is an EU Member State and applies EU competition law directly.
The European Commission has exclusive jurisdiction over certain cross-border and larger-scale cases.
Belgian law operates in parallel for domestic cases.
Summary
| Aspect | Belgium Competition Law |
|---|---|
| Main legislation | Belgian Competition Act (1991, amended 2013), EU competition law |
| Enforcement Authority | Belgian Competition Authority (BCA) |
| Focus | Anti-competitive agreements, abuse of dominance, merger control |
| EU Integration | Fully aligned and applied alongside EU law |
| Penalties | Fines, corrective measures, possible orders to cease practices |
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