The Competition College recently refused to initiate a Phase II investigation and approved Volvo Group Belgium's acquisition of various companies belonging to the Kant group, despite concerns that the transaction was likely to result in competition issues. This case demonstrates that a hearing before the Competition College is not just a formality and that parties can successfully contest a prosecutor's findings.
The act transposing the EU Damages Directive into Belgian law was recently officially published. Among other things, the implementation of the directive has established a rebuttable presumption that cartels cause harm, which did not previously exist under Belgian law. In addition, the binding effect of the Belgian Competition Authority's decisions before the Belgian courts now has a legal basis.
In a recent settlement decision, the Belgian Competition Authority imposed total fines of €1.8 million on five undertakings involved in a bid-rigging cartel. The decision relates to a public tender launched in 2008 by Infrabel, the Belgian railway infrastructure operator. The tender was for the delivery and onsite installation of electrical circuit equipment and related technical assistance.
A recent Competition Authority decision is another example of its fight against vertical restraints. The Competition Authority fined yeast supplier Algist Bruggeman and its parent companies €5.5 million for resale price maintenance, exclusive customer allocation, long-term non-compete obligations and abusive exclusionary practices in the market for compressed fresh yeast and stabilised liquid fresh yeast sold to artisan and semi-artisan bakers.
In a recent decision, the Competition Authority established the circumstances in which it will review concentrations that remain below the EU and Belgian notification thresholds. The most noteworthy part of this decision is the authority's recognition that, in certain well-defined circumstances, concentrations that fall outside the scope of the Belgian merger control regime may still be subject to review.