Overview of the law and enforcement regime relating to cartels
1. Legal framework governing the prohibition of cartels in Belgium
Article IV.1 of the Code of Economic Law (“CEL”) is the Belgian counterpart to Article 101 of the Treaty on the Functioning of the European Union (“TFEU”). Like Article 101 TFEU, Article IV.1 CEL prohibits agreements between undertakings and concerted practices that have as their object or effect the restriction of competition in the relevant Belgian market, or a substantial part thereof. The provision applies to both horizontal and vertical agreements.
Where the conduct in question also affects trade between Member States, Article 101 TFEU may be applied concurrently. Undertakings found to have infringed these rules may be ordered to bring the restrictive practice to an end (potentially subject to periodic penalty payments) and may be fined.
