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The Brussels Court of Appeal confirms the functional interpretation of the notion of ’undertaking’ stressing that it is a relative concept (International Gemmological Institute)

Background information The International Gemmological Institute ‘IGI' (one of the world's largest independent gem certification and appraisal institute having its head office in Antwerp) filed a claim for injunction (on the basis of Art. 95 Unfair Trade Practices Law) before the Antwerp court complaining about alleged unfair trade practices and abuse of dominant position by the Diamond High Council (the coordinating body and official representative of the Belgian diamond sector, ‘Hoge Raad voor de Diamant') (alleged infringement of Art. 93 ‘W.H.P.C.' and Art. 3 Belgian Competition Act). In the context of this injunction procedure the Court of Appeal in Antwerp referred several questions relating to the interpretation of the Belgian Competition Act to the Brussels Court of Appeal for a

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  • Leuven University

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Peggy Valcke, The Brussels Court of Appeal confirms the functional interpretation of the notion of ’undertaking’ stressing that it is a relative concept (International Gemmological Institute), 31 January 2006, e-Competitions January 2006, Art. N° 20868

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