Thibault Balthazar

Introduction In a Belgacom case, the Brussels Court of Appeal referred preliminary ruling questions to the Constitutional Court (Cour constitutionnelle/Grondwettelijk Hof) on its jurisdiction to hear appeals of decisions taken by the College of Prosecutors in the course of an antitrust (...)

I. Introduction Exactly one year after the adoption of the Belgian Act of 6 April 2010 (MB 12.04.2010) on trade practices and consumer protection, the Belgian Constitutional Court found that it infringes the principle of non-discrimination enshrined in Articles 10 and 11 of the Belgian (...)

Introduction The Brussels Court of Appeal was asked to annul and provisionally suspend three decisions adopted by the Belgian College of Competition Prosecutors in relation to documents seized in the course of a dawn raid. The main question is whether the Brussels Court of Appeal has (...)

Introduction In a judgment dated 24 March 2011, the Brussels Court of Appeal ruled that the protection of business secrets prevents the exchange between competitors of detailed information on mobile phone subscriptions contained in an expert report produced in a Court action between KPN and (...)

I. Introduction In a judgment dated 12 January 2011, currently under appeal, the Ghent Criminal Court imposed a € 27,500 fine on the supermarket chain Lidl for advertising on a national scale products at a discounted price that were either not available or available only for a very short time (...)

Background Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJEC L 108, 24 April 2002, pp. 51-77) provides that national regulatory (...)