It is often difficult to clearly demonstrate an abuse of a dominant position by way of excessive pricing. Nevertheless, the Brussels Commercial Court recently seemed to have little doubt that the Belgian Society of Authors, Composers and Publishers' (SABAM's) increased tariffs for concerts and music festivals constituted an abuse of its dominant position. However, what is more interesting is that the court also considered SABAM's existing practice to constitute an abuse of its dominant position.
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.