Belgium: Cartels, Monopolies

The European Commission has introduced comprehensive Guidelines on Article 102 TFEU addressing abusive exclusionary conduct by dominant undertakings. These Guidelines establish a three-stage assessment framework covering market dominance determination, competitive distortion analysis, and objective justification examination. The framework provides detailed analytical approaches for various forms of exclusionary conduct including predatory pricing, margin squeeze, exclusive dealing, and self-preferencing, wh

Over the past decade it has become easier for claimants within the EU to bring damages actions seeking compensation for loss suffered because of cartel or other anticompetitive conduct.

On 2 May 2017, the BCA found that ABB, AEG, Siemens, Schneider and Sécheron had engaged in a cartel in the context of public tenders organised by government-owned railway network...