The Brussels Court of Appeal partially annuls a decision imposing a record fine on a telecommunications company for a margin squeeze abuse of dominance (Proximus)

On 7 October 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) partially annulled the decision of 26 May 2009 (the 2009 Decision), for lack of admissible evidence, by which the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence) (ABC), formerly called Belgian Competition Council, had found Proximus (formerly Belgacom) guilty of margin squeeze in 2004 and in 2005, in breach of Article IV.2 of the Code of Economic Law (Wetboek van Economisch Recht / Code de droit économique) and its equivalent under EU law, Article 102 of