After some last-minute delays, the Royal Decree of 31 July 2020 introduced the concept of abuse of economic dependence in Belgium. Following this royal decree, the Belgian Competition Authority has announced an update to its fining guidelines so that they apply to this new abuse.
As in many other European countries, the COVID-19 pandemic forced the Pro League – the Belgian professional football league – to set up an alternative arrangement for the end of the disrupted 2019-2020 football season. Subsequently, football clubs have challenged such decisions to prevent relegation or promotion. In this context, the Belgian Competition Authority and the civil courts recently had to rule on different interim measure requests in the football sector relating to competition law.
Against the backdrop of the legal dispute between festival and concert organisers versus SABAM (the Belgian music authors' collecting society) regarding SABAM's tariffs for festivals and concerts being taken to the European level, in two parallel legal proceedings, one pending before the Brussels Court of Appeal and the other before the Antwerp Enterprise Court, the European Commission and the Court of Justice of the European Union have been asked to shine a light on SABAM's tariffs.
The prohibition on the abuse of economic dependence to protect undertakings that are economically dependent on their suppliers or buyers recently entered into force. Thus, Belgium has followed the example of other EU member states by making use of the option offered by Article 3(2) of the Treaty on the Functioning of the European Union to prohibit and penalise unilateral conduct by companies even in the absence of a dominant position.
The Belgian Competition Authority's (BCA's) latest note reiterates that competition law rules concerning merger control fully apply to the creation of local hospital networks as required under the Act of 28 February 2019. Although hospitals seem largely unaware of the obligations under the merger control rules attached to such forms of cooperation, they should consider that the BCA is paying more attention to the sector and that significant penalties may be incurred for non-compliance.