In its judgment of 29 May 2012 the Court of Appeal of Brussels decided that a party that was granted access to the procedural file of the national competition authority within the framework of an appeal procedure, should also have the right to obtain a copy of the documents that are part of that file. By decision of 26 May 2009, the Belgian Competition Council [1] imposed a fine of € 66.300.000 on Belgacom Mobile S.A. (‘Belgacom’). This decision was the result of an investigation into Belgacom’s commercial practices that had been started following a complaint of its competitor, Base S.A. (now ‘KPN Group Belgium S.A.’). According to the Competition Council, Belgacom infringed upon Article 102 of
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The Brussels Court of Appeal rules that the right to have access to a file implies the right to obtain a copy of the documents in that file (Belgacom / KPN Group Belgium / Mobistar)
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