For Belgium, this newsletter discusses the Belgian Competition Authority (BCA)'s focus on public procurement, which is one of the BCA's enforcement priorities for 2017. The BCA published an information guide on bid rigging in public procurement procedures and recently imposed its first fine for bid rigging. We also cover the BCA's increasing activity in the area of verticals, as evidenced by its first settlement decision in a resale price maintenance case against Algist Bruggeman and the two recent dawn raids at the premises of retail companies. We summarise the Brussels Commercial Court's judgment in the proceedings initiated by UGC against Kinepolis for the acquisition of the Toison d'Or complex and Kinepolis' request to the BCA to lift the expansion restrictions that were imposed on the company 20 years ago. Finally, we focus on a number of mergers that were recently approved by the BCA, including the approval decision of the BCA and the Dutch Competition Authority (Authority Consumer and Market, ACM) respectively regarding the acquisition of Van Gansewinkel by Shanks.

With regard to the Netherlands, we discuss the Dutch court decision in which the court confirmed that the parental liability doctrine can also apply to private equity firms. In addition, we focus on the information exchange risks in the ports and transportation and cement sector addressed by the ACM, and the implementation of the EC Directive on antitrust damages actions in Dutch law.

Finally, we also summarise the Luxembourg Competition Authority's decision to accept commitments offered by two passenger transport companies to address concerns in relation to the conformity of their tender for public procurement contracts under competition law.

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