Recent Developments Before The Belgian Competition Council (October/November 2012)

Belgian Competition Council Again Annuls Insufficiently Reasoned Decision by College of Prosecutors Not to Prosecute

On 2 October 2012, the Competition Council annulled a decision of the College of Prosecutors to close a case because the decision was insufficiently reasoned.

The case had started with a complaint by a lawyer who considered that the code of conduct adopted by the Ordre des barreaux francophones et germanophone ("OBFG") restricted competition between lawyers. On 17 April 2012, the College of Competition Prosecutors declared that it would not further investigate this complaint because, taking into consideration the College's budgetary restrictions, this case was not an enforcement priority. The complainant appealed this decision before the Competition Council, arguing that the College of Prosecutors had not sufficiently stated its reasons to close the case.