The Brussels Court of Appeal confirms that a non compete clause does not constitute a restrictive agreement but may constitute an abuse of dominance (FEBIAC/WEX)

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Court of Appeal of Brussels (Cour d’appel de Bruxelles, 9ème Chambre, 15 June 2007, Case n° 2006/AR/2392, Decision n° 1502, Febiac v. WEX and UPTR

I. Parties FEBIAC is a non-profit organisation which represents all motorcar designers, importers and suppliers in Belgium. Wallonie Expo (“WEX”) is the owner of an exhibition infrastructure. UPTR is a professional association of road transport companies. II. Facts In January 2005, FEBIAC undertook the preparatory work for the organisation of its yearly Truck and transport fair in Brussels. In this context, it adopted a regulation forbidding registered exhibitors to participate - directly or indirectly - to other fairs taking place in Belgium within a period of six months prior to the opening of FEBIAC's Truck and Transport 2005. Shortly thereafter WEX, which organises in cooperation with UPTR a rival “Transport show”, initiated proceedings against FEBIAC before the President of the

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Alexandre Defossez, Katrien Peysmans-De Rick, The Brussels Court of Appeal confirms that a non compete clause does not constitute a restrictive agreement but may constitute an abuse of dominance (FEBIAC/WEX), 15 June 2007, e-Competitions Bulletin June 2007, Art. N° 21560

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