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  • Article

    Merger Control - European Union Level

    European Commission examines whether acquisitions of minority shareholdings should be subject to EU merger control
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Bill Introduced in Parliament to Combat Misleading Business Directories

    On 30 November 2010, Ms Liesbeth Van der Auwera of the Flemish Christian-Democratic Party (CD&V) introduced a Bill in the Chamber of Representatives to amend the Law of 6 April 2010 on Market Practices and Consumer Protection (the "Law") in view of combating misleading business directories
    BelgiumConsumer Protection
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission – Adoption Of The Guidelines On Exclusionary Abuses Under Article 102 TFEU

    The European Commission has introduced comprehensive Guidelines on Article 102 TFEU addressing abusive exclusionary conduct by dominant undertakings. These Guidelines establish a three-stage assessment framework covering market dominance determination, competitive distortion analysis, and objective justification examination. The framework provides detailed analytical approaches for various forms of exclusionary conduct including predatory pricing, margin squeeze, exclusive dealing, and self-preferencing, wh
    BelgiumAntitrust/Competition Law
    NAZALI Attorney Partnership
    NAZALI Attorney Partnership
  • Article

    General Court Reduces Fines In European Industrial Bag Cartel

    On 6 March 2012, the EU General Court handed down three judgments relating to the appeals filed by FLS Past, FLSmidth and UPM-Kymmene Oyj against a European Commission decision fining them for their involvement in a cartel affecting the supply of industrial bags.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Council Of Ministers Decides To Reform Competition Law And Increase Price Regulation

    According to a press release issued by the Council of Ministers on 20 July 2012, a significant reform of Belgian competition law may be adopted in the near future.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Advocate General Jääskinen Issues Opinion On Jurisdiction In Damages Claims Under Brussels Regulation

    In 2006, the European Commission issued a decision finding that nine companies had participated in a cartel relating to hydrogen peroxide and perborate.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Takes A Stand Against Competition Authority Forum Shopping

    This judgment is noteworthy as it is the first instance that an EU court has ruled on the question of the Commission's rejection of a complaint on the grounds that an NCA is already dealing with the case.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Upholds €20 Million Fine Imposed On Electrabel For Gun-Jumping

    On 12 December 2012, the General Court of the European Union handed down a judgment dismissing an appeal by electricity company Electrabel against a European Commission decision to fine it for acquiring control of Compagnie Nationale du Rhone without having received prior approval under the Merger Regulation.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Adopts Reforms To Merger Notification Forms And Simplified Procedure

    On 5 December 2013, the European Commission adopted a package of reforms to simplify the EU merger control process by reducing red tape.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Advocate General Opines That The General Court Manifestly Failed To Exercise Its Unlimited Jurisdiction When Examining The Calculation Of The Fine

    On 26 September 2013, Advocate General Wathelet issued an Opinion on an appeal brought by Telefónica against a General Court judgment that upheld a Commission Decision against the company for margin squeezing.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Competition Authority Advises Antwerp Court Of Appeal As Amicus Curiae In "Verticals" Case

    The Belgian Competition Authority filed a brief as amicus curiae before the Court of Appeal of Antwerp in a case concerning a vertical agreement in the express delivery sector.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Rules That Flemish Language Decree Violates EU Law On Free Movement Of Goods

    On 21 June 2016, the Grand Chamber of the Court of Justice of the European Union (the "ECJ") handed down a judgment in response to a request for a preliminary ruling from the Ghent Commercial Court...
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Heightened Antitrust Risk In The EU: Restriction Of Parallel Imports

    The European Commission's Consumer Affairs Commissioner Meglena Kuneva presented a new report on cross-border e-commerce in the EU. The report highlighted that cross-border e-commerce has been slow to develop in the EU.
    European UnionConsumer Protection
    O’Melveny & Myers LLP
    O’Melveny & Myers LLP
  • Article

    Belgium’s General Prohibition On Announcements Of Price Reductions In The Period Preceding The Period Of Sales Abolished Or Not?

    On November 2, 2012 Belgium’s Supreme Court decided that article 53 §1 of the Law on Unfair Trade Practices, which instituted a general prohibition on announcements of price reductions in the period preceding the period of Sales is contrary to the Directive (2005/29/EC) concerning unfair B2C commercial practices in the internal market
    BelgiumAntitrust/Competition Law
    Peeters
    Peeters
  • Article

    Supreme Court Rules On Prohibition Of Sales At A Loss

    In its judgment, the Supreme Court dismissed the appeal against a judgment of the Ghent Court of Appeal of 16 December 2013 in a dispute pitting Euronics Belgium against Kamera Express BV and Kamera Express Belgium BVBA.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Vertical Agreements - European Union Level

    On 15 December 2010, the General Court (the "Court") annulled a decision adopted in 2008 by the Commission which rejected a complaint by the European Confederation for Watch Repairer Associations ("CEAHR") against several Swiss manufacturers of luxury watches.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Rules On Definition Of Pyramid Promotional Schemes

    Under the Lucky4All scheme, groups of lottery players play together in an eight-level pyramid scheme.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Departs From Commission's Fining Methodology And Reduces Fine To € 320 Million Each In Gdf Suez/E.On Market-Sharing Case

    On 29 June 2012, the EU’s General Court ("GC") handed down its judgments on appeals brought by E.ON and GDF Suez.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Rules That Prices Covering Incremental Costs Are Not Abusive Per Se

    On 27 March 2012, the Court of Justice of the European Union ("ECJ") handed down its preliminary ruling in an Article 82 (now Article 102 TFEU) case involving Post Danmark.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Dismisses Appeals Against State Aid Decision On Excise Duty Exemptions For Alumina Production

    On 22 April 2016, the General Court ("GC") handed down judgments in three related cases concerning exemptions from excise duties granted by France, Ireland and Italy to alumina producers...
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
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