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ARTICLE · 25 MAY 1995

Administrative law - Media - VT 4

Linklaters De Bandt
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BelgiumAntitrust/Competition Law
As of February 1, two new television channels were introduced in the Flemish Region via the cable network: KA2, the second channel of VTM, and VT4.

The decision of January 16, 1995 of the Flemish Culture Minister prohibiting the cable network companies from transmitting the programs of VT4 (arguing that it was a Flemish company abusing an English non home-broadcast license to get around the 18-year monopoly of VTM as the only Flemish commercial television company) has in fact been suspended by the President of the 4th Chamber of the State Council in a decision of January 24, 1995.

In this first decision on this issue, the President decided that there were serious reasons to argue that the decision of the Minister in fact aimed at protecting an illegal monopoly and was contrary to the European Free Television Directive, and that this prohibition would give KA2 a competitive advantage, qualifying for VT4 as a serious disadvantage that is difficult to remedy.

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