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  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
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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