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  • Article

    OFT Publishes New Guidance On Appropriate Amount Of Penalties For Breaches Of Competition Law

    On 10 September 2012, the UK’s Office of Fair Trading (OFT) published new guidance on how it will set penalties for competition law infringements.
    United KingdomAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Advocate General Assesses Belgian Rules On Copyright Levy For Multifunctional Printers

    On 11 June 2015, Advocate General Cruz Villalón delivered an opinion on a request for a preliminary ruling from the Brussels Court of Appeal in a case between Hewlett-Packard Belgium and Reprobel.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Competition Authority Argues Against Extraterritorial Enforcement Of US Antitrust Law In US LCD Panel Cartel Case

    On 10 October 2014, the Belgian Competition Authority ("BCA") submitted to the US Court of Appeals for the Seventh Circuit its views as amicus curiae opposing the extraterritorial enforcement of US antitrust law in the LCD (liquid – crystal display) Panel cartel case.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Competition Authority Finds No Anticompetitive Agreement Between Electricity Suppliers On Cost Of Green Certificates

    Green certificates are virtual certificates delivered to producers of green energy.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Competition Authority Publishes Its 2014 Annual Report

    On 22 May 2015, the Belgian Competition Authority published its first annual report covering a full year of the new Competition Authority's activity since its reform in September 2013.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Supreme Court Overturns Brussels Court Of Appeal Judgment On Statute Of Limitations In Competition Cases

    On 22 January 2015, the Belgian Supreme Court (Hof van Cassatie / Cour de cassation) partially set aside a judgment of the Brussels Court of Appeal on the limitation period applicable to investigative measures in competition cases.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Recognises Legal Professional Privilege To In-House Lawyers

    On 5 March 2013, the Brussels Court of Appeal delivered a landmark judgment judgment finding that in-house lawyers' communications benefit from the so-called "legal professional privilege".
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Draft Bill On Reform Of Belgian Competition Law Moves Forward

    On 16 November 2018, the Belgian Council of Ministers adopted a draft Bill bringing about a wholesale change of the competition law provisions of the Code of Economic Law.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Minister Peeters' General Policy Note Announces Measures To Strengthen Belgian Competition Law Procedures And Enforcement

    This policy note announces several proposed changes to competition law procedures and enforcement.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • 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

    Belgian Constitutional Court Issues Two Judgments On Position Of Tax Claims Under Law On Continuity Of Enterprises

    In two judgments, dated 18 February 2016 and 24 March 2016, the Constitutional Court decided on the constitutionality of two provisions of the Law of 31 January 2009 on the Continuity of Enterprises.
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Rules On Legitimate Expectations, Unfair Commercial Practices And Evidential Value Of Invoices

    The dispute at issue concerned New Foundation, a company specialised in the conception and production of ladies' underwear, which sold its products under private label to several large retailers, including Carrefour Belgium.
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    No Legal Actions Against Liquidator Of Company Without Assets

    In its decision of 3 March 2011, the Liège Court of Appeal declared an action against the liquidator of a limited liability company C. (hereinafter the "Company") (i) inadmissible with respect to the action against the liquidator in his official function; and (ii) without merit with respect to the action against the liquidator in his personal capacity.
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Social Elections 2016: Clock Is Ticking (Part 1)

    Between 9 May and 22 May 2016, social elections will take place to appoint the members of the works council (WC) and the committee for the prevention and protection on the work floor (CPPW).
    BelgiumEmployment and HR
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Social Elections 2016: Clock Is Ticking (Part 3)

    The procedure involving social elections to designate the members of the Works Council and/or Committee for the Prevention and Protection on the Work Floor are under way.
    BelgiumEmployment and HR
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    President of Brussels Commercial Court Limits Enforcement of Securities during Judicial Composition Procedure

    In its judgment of 15 June 2009, the President of the Brussels Commercial Court held in summary proceedings that the foreclosure of a pledge (pand/gage) on the bank accounts of a company under judicial composition could be considered as an abuse of a right when it may jeopardise the continuity of the company.
    BelgiumFinance and Banking
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Reestablishes Validity Of Louboutin’s Red Sole Trade Mark

    Louboutin initiated cease-and-desist proceedings against Van Dalen in August 2013. In its defence, Van Dalen claimed that Louboutin's Trade Mark was invalid.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Appeal Permits Repackaging Of Parallel Import Pharmaceuticals

    On 14 September 2015, the Court of Appeal of Mons permitted parallel imported pharmaceutical products to be repackaged and sold in package sizes that are predominant on the Belgian market.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Mons Court Of Appeal Rules On Use Of Competitor's Trademark As AdWord

    On 16 November 2015, the Mons Court of Appeal (the "Court") handed down a judgment in a dispute between Verabel, a trademark holder, and Verandas Confort, which used the word 'Verabel' as a Google AdWord.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis

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