Benelux Competition Law Newsletter

Benelux Competition Law Newsletter 2018/2

Belgium

• Belgian Competition Authority clears acquisition of Mediafin by Roularta and Rossel & Cie
• Belgian Competition Authority reaffirms the partial lift of remedies imposed on Kinepolis in 1997
• Supreme Court upholds judgments of Brussels' Court of Appeal on illegality of dawn raids in travel agency and cargo handling sector
• Belgian Competition Authority clears acquisition of Telelinq NV by Telenet Group BVBA
• Belgian Competition Authority raids companies active in the fire protection sector
• Belgian Competition Authority raids companies active in the human immunoglobulin sector

The Netherlands

• Insights from Authority for Consumers and Markets on digitalization
• District Court annuls fines for cartel conduct in cold storage industry
• Authority for Consumers and Markets closes cartel investigation in bunker sector
• Trade and Industry Appeals Tribunal significantly reduces fine for construction company
• Authority for Consumers and Markets grants exemption from "standstill obligation" for winding-up petition of Dutch Tax and Customs Administration
• Court of appeal rules on nullity of resale price restrictions in franchise agreement
• Authority for Consumers and Markets opens sector inquiry into rheumatic drugs

Luxembourg

• Competition Council exempts a price fixing agreement between competing taxi service providers
• Competition Council condemns competing supermarkets for illegal price fixing in joint promo folders but does not impose any fine

Benelux Competition Law Newsletter 2018/1

Belgium

• Belgian Competition Authority unconditionally approves acquisition of Sweetinvest SA and Verguts Gebroeders SA by Lyfra SA despite high combined market shares
• Belgian Competition Authority imposes interim measures and periodic penalty payments on organisers of show jumping competitions 
• Belgian Competition Authority clears acquisition of Rietje Group by D'Ieteren 
• BCA conditionally clears acquisition of Kant by Volvo Group Belgium in phase I, against Competition Prosecutor advice to open phase II 
• Brussels Court of Appeal agrees with the in-scope categorisation by the BCA of disputed documents in Distripaints case 
• Brussels Court of Appeal annuls decision of Belgian Competition Authority which partially lifted remedies imposed on Kinepolis in 1997 
• Belgian Competition Authority raids cosmetic distributors 
• Belgian Competition Authority opens sector enquiry into supermarket prices 
• New plans for Act on significant market power

The Netherlands

• District Court rules that Authority for Consumers and Markets may copy mobile phones in full 
• Authority for Consumers and Markets and German Federal Cartel Office cooperate in investigations into cartel conduct in towage sector 
• Key priorities of Authority for Consumers and Markets for 2018 and 2019 
• Authority for Consumers and Markets publishes paper on competition law and patented pharmaceuticals

Benelux Competition Law Newsletter 2017/2

Belgium

• Directive on antitrust damages action implemented in Belgian law
• BCA raids tobacco sector
• BCA partially lifts remedies imposed on Kinepolis in 1997
• Commercial Court Antwerp asks European Commission to issue "amicus curiae"
• BCA approves the acquisition of Coditel by Telenet subject to commitments
• BCA rejects Medicare-Market's request for interim measures against the Order of Pharmacists
• Brussels Court of Appeal rejects appeal against refusal of interim measures against AB InBev of Bosteels
• BCA approves acquisition of Henrard group by Sator Holding
• BCA approves acquisition of Thomas Cook Airlines Belgium assets by Brussels Airlines
• BCA approves acquisition of ALL 4U by ALSO Deutschland

The Netherlands

• ACM imposes fines in forklift truck batteries cartel
• ACM fines Dutch Railways (NS) for abuse of dominance
• Dutch Trade and Industry Appeals Tribunal annuls fines of 61 real estate traders in execution auction cartel
• District Court of The Hague clarifies powers of ACM to select and inspect digital data
• ACM announces cartel investigation in bunker sector
• The Dutch Trade and Industry Appeals Tribunal reduces cartel fines for bid rigging
• Dutch Court allows restricting online sales via Amazon marketplace

Luxembourg

• Competition Council rejects complaint against Amazon for alleged abuse of dominance

Benelux Competition Law Newsletter 2017/1

Belgium

• BCA publishes information guide on bid rigging
• BCA Authority adopts 2017 note on enforcement priorities
• BCA adopts first settlement decision in vertical case
• BCA clears acquisition of Zetes by Panasonic
• BCA clears acquisition of Belmedis by McKesson subject to commitments
• Kinepolis did not infringe competition law by acquisition of Toison d'Or complex
• Kinepolis requests BCA to lift expansion restrictions
• BCA imposes first fine in bid rigging case 
• BCA conducts dawn raids at the premises of two retail companies in relation to alleged vertical infringements

The Netherlands

• Belgian and Dutch Competition Authority clear acquisition of Van Gansewinkel by Shanks
• Dutch court confirms liability of private equity firm for infringement of portfolio company
• ACM identifies information exchange risks in ports and transport sectors
• Dutch law implements EC Directive on antitrust damages actions
• Dutch concrete cement companies obliged to adapt collaboration with competitors

Luxembourg

• Luxembourg Competition Authority accepts commitments to close antitrust investigation into joint bidding in transport market

Belgian Competition Newsletter 2016/3-4

• Belgian Competition Authority refuses White Star’s request for interim measures
• Belgian Competition Authority adopts competition law guidelines for small and medium-sized enterprises
• Telenet loses appeal to annul interim measures in relation to exclusive broadcasting rights
• Belgian Competition Authority approves a commitment offered to remedy concerns about Kinepolis' acquisition of Utopolis
• Belgian Competition Authority raids company distributing infra-red sensor cabins
• Belgian Competition Authority accepts commitments offered by Immoweb
• Belgian Competition Authority clears acquisition of AMP by bpost subject to conditions
• Belgian Competition Authority raids several companies active in the sector of wholesale distribution of pharmaceutical and para-pharmaceuticals products to pharmacies
• Belgian Competition Authority rejects interim measures against AB InBev in Bosteels acquisition
• Court of Appeal annuls EUR 37 million abuse of dominance fine imposed on bPost
• Belgian Competition Authority expands 

Belgian Competition Newsletter 2016/2

• Belgian Competition Authority adopts 2016 note on enforcement priorities
• Belgian Competition Authority publishes its 2015 Annual Report
• Brussels Court of Appeal annuls Belgian Competition Authority's decision imposing fine for abuse of standard setting process
• Brussels Court of Appeal upholds Belgian Competition Authority's decision to suspend exclusivity clause included in Fédération Equestre International's general terms and conditions
• Ghent Court of Appeal applies European Commission de minimis notice to beverage supply agreement
• Belgian Competition Authority adopts fourth settlement decision in the river cruise sector
• Belgian Competition Authority ends its investigation into the Professional Institute for real estate agents
• Belgian Competition Authority imposes fine on Nethys for non-compliance with remedies imposed in Tecteo/L'Avenir clearance decision
• Belgian Competition Authority raids pharmaceutical suppliers of non-prescription products

Belgian Competition Newsletter 2016/1

• Belgian Competition Authority conditionally clears merger between Delhaize and Ahold
• Kinepolis/Utopolis deal conditionally approved by Belgian Competition Authority in Phase II proceedings
• Belgian Competition Authority approves acquisition of Vanden Borre by Fnac
• Belgian Competition Authority clears Medialaan’s acquisition of JIM Mobile’s customer list and Viking Mobile
• Belgian Competition Authority imposes 3.857,00 EUR fine on industrial batteries cartel
• Gun jumping fine imposed on Cordeel
• Belgian Competition Authority adopts new Leniency Notice
• Belgian Constitutional Court rules on limitation period for civil damage claims

Belgian Competition Newsletter 2015/4

• Settlement between Base, Mobistar and Proximus in telecommunications abuse case
• Brussels Court of Appeal obliges manufacturers to disclose documents in elevator damage claim
• Fine imposed on Sanoma for obstruction of merger investigation
• BCA investigates most-favoured-nation clauses in Immoweb contracts
• BCA imposes provisional measures with regard to broadcasting rights for the Superprestige cyclocross
• Brussels Court of Appeal upholds preliminary injunction imposed by BCA on Fédération Equestre Internationale
• Launch of a public consultation on new leniency guidelines

 Belgian Competition Newsletter 2015/3

• Belgian National Lottery fined 1,2 million EUR for abuse of dominance
• Brussels Court of Appeal strikes evidence obtained during dawn raids from the investigation file in the cargo handling case
• Belgian Competition Authority clears acquisition of Humo, Story, TeVe-Blad and Vitaya by De Persgroep subject to commitments
• Booking.com under scrutiny by Belgian Competition Authority

Belgian Competition Newsletter 2015/2

• Belgian Competition Authority adopts first settlement decision in the supermarkets case
• Belgian Competition Authority closes abuse of dominance probe into Electrabel
• Belgian Competition Authority looking into Belgian brewers
• Competition College softens conditions imposed in Belgacom/The Phone House merger
• Brussels Court of Appeal finds action for cessation in motor vehicle sector unfounded

Belgian Competition Newsletter 2015/1

• Brussels Court of Appeal strikes evidence obtained during dawn raids from the investigation file in the Travel Agency Case
• Brussels Court of Appeal dismisses appeal brought by VAB and others against the Competition College's decision to clear Touring's acquisition of NV Autoveiligheid and NV Bureau Technische Controle subject to remedies
• Belgian Competition Authority opens investigation into real estate sector
• Belgian Competition Authority closes two investigations into cargo ground handling services at Brussels Airport
• Electrabel did not abuse its dominant position says Brussels Court of Appeal
• Belgian Competition Authority publishes Notice on informal opinions of the President

Belgian Competition Newsletter 2014/4

• Brussels Court of Appeal finds appeal against investigation measures during dawn raid unfounded
• Constitutional Court rejects request for annulment of a provision of the 2013 Competition Act in relation to the appeal procedure against decisions to use dawn raid documents
• EU loses lifts cartel damages claim before the Brussels Commercial Court
• Ghent Commercial Court refers preliminary ruling request to the Belgian Constitutional Court in relation to the statute of limitations for damage claims based on competition law infringements
• President Antwerp Commercial Court orders action for cessation against loyalty rebate scheme on the basis of unfair commercial practices
• Brussels Court of Appeal dismisses abuse of dominance case against AXA
• Ghent Court of Appeal confirms abuse of dominance by BV Ducati North Europe BV for refusal to supply spare parts
• The Belgian Competition Authority responds to questions raised in Biomet Belgium BVBA v AGX Group BVBA by the Antwerp Court of Appeal in relation to exclusivity clauses
• Belgium Competition Authority files a brief as amicus curiae in US Court of Appeal procedure in Motorola Mobility LLC vs. AU Optronics Corporation, et al.
• Body of Competition Prosecutors closes investigation into green certificates invoicing to end-consumers by electricity suppliers
• The Body of Competition Prosecutors dismisses a complaint against several film studios in relation to refusal to grant a virtual print fee

Belgium Competition Newsletter 2014/1

• Introducing our Belgian competition law team
• Belgian Competition Authority adopts note on enforcement priorities
• Belgian Competition Authority adopts new fining guidelines
• Consumer class actions come to Belgium
• Competition College fines Electrabel for abuse of dominance
• Competition College imposes provisional measures on BMW
• Competition College clears acquisition of Club by Standaard Boekhandel
• Competition College confirms closing of the file in Villo! concession complaint
• Competition College clears merger in media sector subject to commitments
• Brussels Court of Appeals annuls cartel fine imposed in flour cartel