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ARTICLE · 17 MARCH 2016

Belgian Competition Authority Adopts Second Settlement Decision In Industrial Battery Cartel Case

Van Bael & Bellis
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Van Bael & Bellis

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On 23 February 2016, the College of Competition Prosecutors of the Belgian Competition Authority adopted its second settlement decision involving six battery manufacturers on account of their involvement in a price fixing cartel between 2004 and 2014.

BelgiumAntitrust/Competition Law

On 23 February 2016, the College of Competition Prosecutors (Auditoraat / Auditorat – the "Competition College") of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence) adopted its second settlement decision involving six battery manufacturers (Battery Supplies, Celectric, Emrol, Enersys, Exide Technologies and Hoppecke) on account of their involvement in a price fixing cartel between 2004 and 2014. The total fines imposed amount to EUR 3,857,000.

The infringement concerned the motive power battery segment of the Belgian industrial batteries market, as well as maintenance contracts related to such batteries. Motive power batteries are mainly used as an energy source in forklifts, locomotives and floor cleaning devices. In its decision, the Competition College found that the battery manufacturers had agreed to apply a lead surcharge to the selling prices of motive power batteries, in breach of Article 101 of the

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