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On 6 December 2017, the European Court of Justice delivered its long-awaited judgment in Coty Germany. Coty is a supplier of luxury cosmetics in Germany. It sells its products via a selective distribution network, in order to protect the luxury image of its brands. One of the measures through which Coty sought to safeguard that luxury image was to introduce a restriction on online sales preventing Coty’s distributors from using…...

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The Belgian Government proposes legislation to outlaw “platform parity clauses” in the hotel sector. On 23 November 2017, the Belgian Government proposed draft legislation to outlaw so-called “platform parity clauses” in the hotel sector. Price parity clauses, sometimes also referred to as ‘most favourite nation clauses’, have become more and more important in contracts between online platforms (e.g. price comparison websites, online booking websites and e-markets) and the companies which…...

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On 26 October 2017, the General Court issued its judgment in Marine Harvest v. European Commission. The Court upheld the initial decision of the European Commission which imposed a fine of € 20 million on Marine Harvest for gun-jumping. Background and facts Marine Harvest is a salmon farming company. In December 2012, Marine Harvest acquired 48.5% of the shares in Morpol, a competitor listed on the Oslo Stock Exchange. In January 2013,…...

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On 18 May 2017, the Belgian Federal Parliament adopted a new Act on actions for damages for competition law infringements (the “Competition Law Damages Act”).[1] The Competition Law Damages Act transposes  Directive 2014/104/EU (the “EU Damages Directive”) into Belgian law, which aims to make it easier for victims of competition law infringements to claim damages for the harm they suffered.[2] The Competition Law Damages Act was published in the Belgian…...

On 22 March 2017, the Belgian Competition Authority (“BCA”) imposed a fine of EUR 5.489.000,00 on Algist Bruggeman NV and its parent companies (“Algist”) for resale price maintenance and for hindering competition from low-price brands of fresh yeast. Algist is Belgium’s largest supplier of yeast products, supplying industrial, semi-artisan and artisan bakeries. It sells its products directly to large industrial bakeries, but for semi-artisan and artisan bakeries it sells through…...

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On 10 November 2016, Brussels Court of Appeal (the “Court”) annulled the decision of the Belgian Competition Authority (“BCA”) to impose a fine of more than € 37 million on bpost for abuse of dominance. The Court held that BCA’s decision breached the fundamental human rights principle of ne bis in idem, according to which no one may be punished twice for the same illegal behaviour. Bpost is Belgium’s historical…...

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On 22 March 2016, the Belgian Competition Authority’s (“BCA”) new cartel leniency guidelines (the “Guidelines”) entered into force [note]Belgian Official Gazette, 22 March 2016, 19796.[/note] Below we briefly outline the procedure to apply for leniency, after which we shall elaborate on the three main novelties of the new Guidelines. 1                 Procedure Under the leniency programme, parties to a cartel can obtain immunity from fines or a reduction of fines, in…...

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The Belgian Competition Authority recently published its decision on the acquisition by Cordeel Group (a general contractor company) of the Belgian activities of the Dutch Imtech Group (a technical services company). The latter which had filed for bankruptcy. In its decision, the Belgian Competition Authority on one hand approved the concentration unconditionally and on the other hand imposed a fine on Cordeel Group for implementing the concentration without its prior…...

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the new Insurance Law of 04.04.2014 comes into force on 1.11.2014 MIFID in insurance law and tomorrow ? SUMMARY OF THE MOST IMPORTANT CHANGES IN INSURANCE LAW IN 2014 Belgian insurance law has undergone substantial change this year, and European legislation has also been active. Below, you will find a brief résumé of what is new. New Insurance Law of 4 April 2014 On 1 November 2014, the new Insurance…...

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On 28 February 2013 the Belgian Chamber of Representatives approved a package of new competition legislation. This introduces several major changes, including sanctions for natural persons and a new price monitoring regime. The new legislation inserts a Book IV (“Protection of competition”) and Book V (“Competition and price evolutions”) into the new Economic Law Code. The new legislation is still subject to scrutiny by the Senate. Please find below an…...