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ARTICLE · 20 MAY 2019

Belgian Competition Authority Once Again Partially Lifts Kinepolis Merger Commitments

Van Bael & Bellis
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Following the Court's annulment of the 31 May 2017 decision, the BCA reopened the case and adopted a new decision on 26 April 2018.

BelgiumAntitrust/Competition Law

On 25 March 2019, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - "BCA") decided to partially lift specific merger commitments imposed on Kinepolis. It is the most recent development in a legal saga that has mesmerised the Belgian cinema sector for more than twenty years.

The case started in November 1997, when the former Belgian Competition Council (later replaced by the BCA) cleared the concentration between the Claeys and Bert cinema groups to establish the Kinepolis group. The decision was conditional on several commitments, imposed for an indefinite period of time, including the obligation on Kinepolis to obtain the prior approval from the BCA concerning any form of growth, including organic growth (the obligation thus caught any increase in the number of screens or seats operated by Kinepolis).

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