The Brussels court of appeal confirms a Belgian Competition Council’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 the official importers behaviour regarding the deliverance of certificates for imported motorcycles. We have to know that before 1995, those dealers had to obtain a certificate (GVA) and an approval for selling an imported motorbike on the Belgian market. However, in practice, a unique approval (PVG) was always delivered by the competent Minister. This procedure was simple and inexpensive (€44). But, in

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Alexandre Defossez, Kelly Digneffe, Ermano Fegatilli, The Brussels court of appeal confirms a Belgian Competition Council’s decision on an abuse of dominance but annuls the fine for predictability issues (Occasiemarkt - Honda Motor Europe), 2 February 2009, e-Competitions Bulletin February 2009, Art. N° 26447

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