Abuse Of Economic Dependence In Action: Belgian Competition Authority Closes Its First Investigation With Commitments

The Belgian Competition Authority (BCA) has made binding the commitments offered by Raffinerie Tirlemontoise and its parent company Südzucker AG (together, RT) concerning the supply of sugar beet and closed its investigation into a possible infringement of the prohibition on abuse of economic dependence. 

This is the BCA’s first decision on abuse of economic dependence, a prohibition that has existed since 2019 but that had, until now, been enforced almost exclusively through private litigation.

For businesses that buy from, or sell to, structurally weaker counterparties in Belgium, the decision converts a largely theoretical risk into a live enforcement exposure.

The legal framework

The prohibition on abuse of economic dependence was introduced into Belgian law in 2019. The Belgian legislator appears to have been inspired, in particular, by the French prohibition of abuse of economic dependence. Comparable rules exist in other jurisdictions such as Germany.