The Belgian Government passes a law prohibiting companies from abusing non-dominant positions vis-à-vis companies that are economically dependent on them

A new form of competition law infringement will be enforceable in Belgium* (in addition to the prohibitions on anti-competitive agreements and abuses of a dominant position). The new Article IV.2/1 of the Belgian Competition Act (CA) will prohibit companies from abusing a non-dominant position vis-à-vis companies that are "economically dependent" on them. While this kind of competition law infringement does not exist at EU level, similar provisions can be found in other EU member states and have been increasingly enforced (e.g., recently in France resulting in fines of over €1 billion). The Belgian legislator had initially aimed for the new prohibition to enter into force on 1 June 2020. However, on 5 June, it was announced by the BCA that legislation was enacted delaying the entry into

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Ivan Pico, Raphael Fleischer, Salomé Cisnal De Ugarte, The Belgian Government passes a law prohibiting companies from abusing non-dominant positions vis-à-vis companies that are economically dependent on them, 29 May 2020, e-Competitions July 2020, Art. N° 95325

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