Liège University (Liège)

Alexandre Defossez

Liège University (Liège)

Alexandre Defossez is a lawyer at ONEM and a Post-Doctoral Researcher of the University of Liege (Belgium).

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Liège University (Liège)
Liège University (Liège)
Liège University (Liège)
Liège University (Liège)
Liège University (Liège)


152981 Bulletin

Alexandre Defossez, Alice Xavier The Belgian Competition Authority dismisses a complaint against an advertising company for abuse of dominant position on the outdoor advertising market (ClearChannel Belgium / Belgian Posters / JC Decaux)


The Belgian Competition Council’s Body of Prosecutors dismisses a complaint against JCD for abuse of dominant position in the framework of outside advertising Décision n°2013-P/K-35-AUD du 1er octobre 2013 – Affaires: CONC-P/K – 08/0005 ClearChannel Belgium S.A. c/ la S.A. JC Devaux Street Furniture (...)

Alexandre Defossez, Pablo González De Zárate Catón The EU Commission fines two companies €79 M for agreeing not to compete with each other in their respective home telecommunications markets (Telefónica and Portugal Telecom)


The Commission fines Telefónica and Portugal Telecom €79 million for agreeing not to compete with each other in their respective home telecommunications markets. I. The Parties Telefónica is the historical operator on the Spanish market. It has a limited presence on the Portugese market. It (...)

Alexandre Defossez, Daniel Muheme The Belgian Competition Authority’s College of Prosecutors dismisses complaints against telecom operator for abusing its dominant position in the market for fixed telephony, due to margin squeeze on its "Happy Time offer" (Tele2 / Belgacom)


I. The Parties Belgacom S.A. is the incumbent operator on the Belgian telecom market and former historical operator. In 2005, Tele2 was a 100% subsidiary of a Swedish company. In the meantime, this company was sold to KPN, a Dutch company, in 2007. II. The Facts Access to the telecommunication (...)

Alexandre Defossez, Norman Neyrinck The Belgian Competition Council annuls, for lack of motivation, the decision to close a case against deontological rules for lawyers (Ordre des barreaux francophones et germanophone)


I. The Parties Mr [...] and the SPRLU [...] are two Belgian lawyers whose identity is kept undisclosed. L’Ordre des barreaux francophones et germanophone (“OBFG”) is the professional association of French-speaking and German-speaking bars lawyers. The OBFG defines most of the deontological rules (...)

Alexandre Defossez The Brussels Court of Appeal asks the EU Commission its opinion on the application of EU competition law regarding alleged abuse of dominance in the IT sector (Kapitol / Magyar Telekom)


I. Facts Kapitol is a Belgian company. It offers European phonebooks services to its Belgian clients: they are available on both CD and DVD. In order to increase its offer, Kapitol wishes to have access to Magyar Telekom’s database in order to publish a Hungarian phonebook. Magyar Telekom is (...)

Alexandre Defossez, Clément Pirenne The Belgian Competition Authority dismisses a complaint of the Union of Belgian French-speaking Booksellers against a distributor’s concerted practices and abuse of dominance (SLFB / Interforum)


I.The parties SLFB (“Syndicat des libraires Francophones de Belgique”) is a major Belgian professional association of booksellers (60% of french speaking’s booksellers are members of the SLFB). Interforum is a company active in the book distribution business. II. The facts This case put into (...)

Alexandre Defossez, Bert Boogaerts The Belgian Competition Authority rules that the publication of recommended minimum rates by a professional body influences free price setting of real estate agents (Professional Institute of Real Estate Agents)


I. The Parties BIV is the Belgian Institute of real estate agents. This professional association regulates access to the profession and the application of deontology rules. II. The Facts In 1996, BIV drafted and published a scheme of recommended minimum rates for services provided by real (...)

Alexandre Defossez, Quentin Metz The Belgian Competition Authority dismisses a complaint against the incumbent telecom operator due to resources and investigation priorities issues (Belgacom)


1. The parties Four plaintiffs are involved in this case. “Codenet SA” (now “Telenet SA”), “Colt Telecom SA”, “Versatel Belgium SA” (now “KPN Belgium SA”) and “WorldCom SA” (now “Verizon Belgium Luxembourg SA”) which are four companies providing telecommunications services in Belgium. The defendant is (...)

Alexandre Defossez, Julie Meyer The Belgian Competition Council considers an agreement between two transport companies to be compatible with national law... after three years of proceedings (De Boeck and Nidco, "Bruxelles city tour")


The Belgian Competition Council considers an agreement between two transport companies to be compatible with article 2 of the Belgian Competition Law I. The Parties “De Boeck Invest NV” is a holding company. It holds 99,56% of “Autocars Henri De Boeck en reizen André Leloup NV” (“De Boeck”), a (...)

Alexandre Defossez, Pierre Sabbadini The Belgian Competition Authority finds the historical telecom operator guilty of margin squeeze and imposes a fine of €66,3 million (Base / Belgacom)


The Belgian competition Council finds Belgacom guilty of margin squeeze and imposes a fine of €66,3 million. I. The Parties Belgacom S.A. is the historical operator on the Belgian telecom market and provides mobile telecom services through its 100% subsidiary Belgacom Mobile Belgium (“BMB” - (...)

Alexandre Defossez, Ermano Fegatilli, Kelly Digneffe The Brussels Court of Appeal confirms the Belgian Competition Authority’s decision on an abuse of dominance but annuls the fine for predictability issues (Occasiemarkt / Honda Motor Europe)


Parties In this case, the Honda Company and some Belgian independent motorcycles dealers appeal a 1999 Belgian competition council decision condemning several Belgian official motorcycles importers’ abuse of dominance. Facts In the early nineties, several independent dealers complained about (...)

Alexandre Defossez, Nicolas Van Aken The Belgian Competition Council condemns the Belgian professional association of driving schools for price fixing (Test-Achats / Auto-écoles de Belgique)


I. The parties This case arose from a complaint of the Superior Institute of Driving (SID) and the Belgian Consumer Association ‘Test-Achats” (TA) lodged before the Belgian Competition Council (“the Council”) against the Belgian Federation of Professional Driving Schools (BFPDS). BFPDS is a (...)

Alexandre Defossez, Grégory Royer The Belgian Competition Council clears a local opening hours scheme for pharmacists (F.N.H. / Ordre des pharmaciens - GLEP 30)


I. Parties This case arose from a complaint lodged by a retail pharmacy outlet (“the applicant”) before the Belgian Competition Council (“the Council”) Initially, the complaint targeted the Belgian Pharmacists Association (“BPA”), but the Council subsequently decided on its own motion to extend the (...)

Alexandre Defossez, Nicolas Petit The Belgian Competition Authority assesses the validity of opening days/hours and advertising provisions for pharmacy outlets as set by the pharmacists’ professional associations (Belgian Pharmacists Associations)


1. Parties The present case arose from three complaints lodged in 1998 by several retail pharmacy outlets before the Belgian Competition Council (“the Council”). The complaints were directed against the Belgian Pharmacists Association as well as various local pharmacists association (...)

Alexandre Defossez, Anke De Boeck The Belgian Competition Authority holds unlawful minimum tariffs imposed to members of a professional association on both national and EU provisions but without imposing any fine (Veterinaries Association)


The Veterinarians’ Association (“VA”) is a professional order which represents all the veterinarians established in Belgium. Its primary task is to establish a code of conduct (“the code of conduct”) which regulates various aspects of the veterinarian profession in Belgium. It also holds (...)

Alexandre Defossez, Katrien Peysmans-De Rick The Brussels Court of Appeal confirms that a non compete clause does not constitute a restrictive agreement but may constitute an abuse of dominance (FEBIAC / WEX)


I. Parties FEBIAC is a non-profit organisation which represents all motorcar designers, importers and suppliers in Belgium. Wallonie Expo (“WEX”) is the owner of an exhibition infrastructure. UPTR is a professional association of road transport companies. II. Facts In January 2005, FEBIAC (...)

Alexandre Defossez, Tarik Hennen The Brussels Court of Appeal awards damages for active sales breaching an exclusive distribution agreement (Horas International / Rexit)


The facts The appellant in this case is a Belgian firm whose business activities consist in distributing furniture and accessories (hereafter the “distributor”). The defendant is an Italian company specialized in the design and production of furniture (hereafter the “manufacturer”). In 1985, the (...)

Alexandre Defossez, Tarik Hennen The Belgian Competition Authority fines the Association Sportive Automobile Francophone for an abuse of dominant position relating to sporting rules (ETE-KILT / ASAF)


Background The present case was initiated by two Dunlop tires distributors which complained about alleged anti-competitive sporting regulations on the part of a Belgian sporting organisation in the field of kart racing. The “Association Sportive Automobile Francophone” (“ASAF”) is a non-profit (...)

Alexandre Defossez, Tarik Hennen The Finnish Competition Authority states that rebates granted by pharmaceutical companies to pharmacies are unlawful on the basis of both EC and national competition provisions (pharmaceutical rebates)


In Finland, pharmaceutical companies very often offer to pharmacies rebates on the wholesale price of drugs. Typically, they try to attract pharmacies by granting them generous additional rebates on all their products. As such, rebates granted by a furnisher to its distributors do not raise (...)

Alexandre Defossez The Danish Competition Council found an insolvency agreement between three medical wholesale dealers and the Danish Pharmaceutical Association to be incompatible with Art. 81 EC and relevant national competition law provision (Nomeco, Tjellesen, Max Jenne and Danmarks Apotekerforening)


Facts In 1997, the Danish Pharmaceutical Association (“DPA”) entered into a so-called “Insolvency Agreement” with the three wholesalers of medicinal products (“the wholesalers”) active in Denmark. The agreement sought to help insolvent pharmacies - those incurring debts superior to 1 million Danish (...)

Alexandre Defossez, Tarik Hennen The Brussels Court of Appeal rules that the major national collecting society has abused its dominant position after having received an opinion from the EU Commission (SABAM / Productions & Marketing)


The Parties The case opposed the Belgian Society of Authors, Composers and Publishers (SABAM) and Productions & Marketing (P&M), a company whose business activities consist of the organization of concerts and musical events. Background In 2000 and 2001, P&M organized Charles (...)

Alexandre Defossez, Tarik Hennen The Hungarian Competition Council finds 8 construction companies guilty of bid rigging in respect of a road construction contract (Municipality of Budapest)


In a public procurement concerning the construction of roads in the municipality of Budapest, eight construction companies have been found guilty of bid-rigging. In a nutshell, they decided among themselves which company would get the contract by coordinating their tenders in advance during (...)

Alexandre Defossez, Tarik Hennen The Hungarian Competition Authority finds that the telecommunications incumbent abused its dominant position by setting excessively high wholesale prices for network access (Magyar Telekom)


On 6 September 2005, the Hungarian Competition Authority found Magyar Telekom guilty of abuse of dominance by setting supra competitive wholesale prices for network access to “toll-free” and “reduced-toll” telephone numbers - the so called “coloured numbers”. In Hungary, “toll-free” and (...)

Alexandre Defossez, Tarik Hennen The Danish Competition Authority finds that Skoda importer abused its dominant position for operating a system of fidelity rebates (Pradan Auto Import)


On 31 August 2005 the Danish Competition Council decided that Skandinavisk Motor Co. (hereinafter “SMC”), formerly Pradan Auto Import, had abused its dominant position under section 11 of The Danish Competition Act (the Danish provision similar to article 82 EC) on the original Skoda spare parts’ (...)

Alexandre Defossez, Tarik Hennen The Court of First Instance of Charleroi considers a copyright exclusivity clause to be pro-competitive and awards damages for the breach of the clause by videotapes sellers (GPFI / DGD / VRP)


Background The proceedings in that case were initiated by GPFI, Belga Film, Cinélibre, la Médiathèque de la Communauté française de Belgique and Super Video Production respectively copyright holder and licensees of the movie “Un homme à ma taille”. The complainants sued DGD and VRP, two companies (...)

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