Koen Platteau

Since 2017 , SABAM increased its tariffs for concerts and music festivals to 17% for average-sized festivals and 37% for large festivals, with the pricing for small festivals remaining the same. As a result, several festivals and the federation of Flemish music festivals sued SABAM. The (...)

On 12 June 2017, the Act implementing the EU Damages Directive into Belgian law was published in the Belgian State Gazette. The Act adds a new chapter to the Belgian Code of Economic Law. The EU Damages Directive (Directive 2014/104/EU, the Directive) sets out rules which must ensure that (...)

On 21 October 2015, the European Commission adopted its first two decisions on the compatibility of tax rulings with EU State aid rules. The first case related to a Dutch tax ruling granted to Starbucks. The second case involved Fiat’s finance company, based in Luxembourg. In both cases, (...)

Conditional approval of media merger defuses the risk of four popular Dutch language magazines disappearing from the Belgian market. On 04 August 2015, and in the context of a Phase I procedure, the Competition College of the Belgian Competition Authority conditionally approved the (...)

Damages claims of the Belgian and Flemish State Authorities against the four Belgian elevator cartel members dismissed for lack of proof of damage by first instance court. In brief Ruling at first instance the Brussels Commercial Court has dismissed in its entirety a claim for damages by (...)

An ACM policy paper provides insight into its strategy and enforcement priorities with regard to vertical agreements between suppliers and buyers. In brief The Dutch Authority for Consumers and Markets (ACM) has published a policy paper setting out its view on vertical agreements. When (...)

In brief In a policy paper, the Netherlands Authority for Consumers and Markets (ACM) examines how it can deal under competition law with pricing and marketing strategies of originators which impede the market entry of cheaper generic medicines. It focuses in particular on the strategies (...)

In brief In a judgment of 10 December 2014 the Constitutional Court confirmed the legality of a separate appeal procedure against investigative measures of the Belgian Competition Authority. The Constitutional Court ruled that the appeal procedure, which is only available following the (...)

The Belgian Competition Authority adopted the new guidelines on 26 August 2014. The guidelines currently in effect follow the EU Guidelines to a certain degree, though there are some notable differences. Now, however, the Belgian Competition Authority has opted for full alignment with the EU (...)

On 11 July 2014, the Belgian Competition Authority adopted interim measures under the new interim measures procedure for the first time. The measures order BMW to take the necessary steps to allow a former BMW and MINI concessionaire to continue its business as an independent repairer. (...)

Following its clearance of a merger of two Flemish newspaper groups (Corelio/Concentra, decision of 25 October 2013), the Belgian Competition Authority has had to review another proposed concentration in the printed media sector, this time in the French-speaking part of Belgium. The (...)

Cartel members are not liable in damages to direct customers for any portion of the overcharge that the customer has passed on to its own purchasers. In brief Private enforcement has been high on the agenda of the European Commission throughout the five year term ending 31 October 2014, as (...)