The Brussels Court of appeal invalidates a decision by the Belgian Competition Council to lift the restrictions imposed on a cinema chain merger, and inter alia prohibition of exclusivity/priority clause (Kinepolis)

Introduction On the 23rd of August 2007, the Brussels Court of Appeal accepted the request of UGC, Utopolis and FCB to revoke a decision by the Belgian Competition Council concerning the cinema chain Kinepolis. This latter decision lifted the restrictions imposed on Kinepolis in 1997 when the group Claeys and the group Bert merged to create the cinema Chain Kinepolis. Following this judgment, the restrictions on Kinepolis conducts are now back in force until the final judgment on the merits by the Court of Appeal. The background On the 17th of November 1997, the Belgian Competition Council approved the merger of Group Bert and Group Claeys which created the Kinepolis Group. The Council noted that the merger would strengthen the dominant position that the two groups held together,

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Authors

  • Autorité de la concurrence (Paris)
  • DG COMP (Brussels)

Quotation

Henri Piffaut, Stéphane Dewulf, The Brussels Court of appeal invalidates a decision by the Belgian Competition Council to lift the restrictions imposed on a cinema chain merger, and inter alia prohibition of exclusivity/priority clause (Kinepolis), 23 August 2007, e-Competitions Bulletin August 2007, Art. N° 14240

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