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ARTICLE · 08 JANUARY 2015

Supreme Court Clarifies Transitional Regime Between Former Competition Law And Current Code Of Economic Law

Van Bael & Bellis
Van Bael & Bellis
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Van Bael & Bellis

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On 20 November 2014, the Supreme Court issued a preliminary ruling on the transitional regime between the former competition law of 2006 and the new Code of Economic Law of 2013, in the context of an appeal procedure before the Brussels Court of Appeal.

BelgiumAntitrust/Competition Law
Martin Favart
Martin Favart
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On 20 November 2014, the Supreme Court issued a preliminary ruling on the transitional regime between the former competition law of 2006 and the new Code of Economic Law of 2013, in the context of an appeal procedure before the Brussels Court of Appeal.

The former Competition Council adopted on 30 August 2013 a decision fining cement manufacturers for anticompetitive concerted practices in breach of Article 2 of the former competition law (Article IV.1 of the Code of Economic Law) (See VBB on Belgian Business Law, Volume 2013, No. 9, p. 9, available at www.vbb.com).

The parties appealed from this decision on 30 September 2013 and 2 October 2013. However, the Code of Economic Law, which contains the new Belgian competition law provisions, had entered into force on 6 September 2013. The Brussels Court of Appeal decided to suspend the proceedings to ask several questions to the Supreme Court on the procedural requirements of this appeal, which was brought against a

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