Belgian Competition Authority Adopts New Fining Guidelines

On 26 August 2014, the Board of the Belgian Competition Authority ("BCA") decided to replace its Communication of 19 December 2011 on the calculation of fines with new fining guidelines. These guidelines serve as a basis for the calculation of the amount of the fines imposed on companies found guilty of anticompetitive practices. Although they are not strictly binding on the BCA, they offer a certain level of legal certainty for the companies concerned as the BCA cannot derogate from them without stating reasons.

Essentially, the new Belgian fining guidelines state that the BCA will, in principle, use the Guidelines on the method of setting fines adopted by the European Commission in 2006 as a basis for determining the level of the fines. According to the BCA's press release, "[t]his new approach must be seen in a context of harmonization of sanctions for infringement of the competition rules within the European Union". Indeed, the same rules will apply to all