Belgium: Corporate/Commercial Law

Belgium has adopted its CRD VI transposition law, introducing a harmonised regime that requires non-EEA banking institutions to establish NBB-authorised branches when providing core banking services in Belgium. The new framework, which takes effect on 11 January 2027, marks a significant shift from Belgium's previous approach that generally permitted cross-border lending without local authorisation.

Goodwin Procter LLP submits detailed observations on the European Commission's draft merger control guidelines, identifying four critical areas where current drafting risks undermining legal certainty: the innovation shield's failure to operate as a genuine safe harbour, insufficient evidentiary boundaries for reverse killer acquisition theories, lack of limiting principles in entrenchment and ecosystem theories, and unworkable compliance obligations regarding common ownership by institutional investors.

McDermott Will & Schulte and Brunswick Group examine the European Commission's most significant reassessment of EU merger control in over two decades, exploring how the draft guidelines aim to modernise enforcement for digital markets, innovation and competitiveness. The discussion reveals key procedural shifts including the introduction of a "theory of benefit" framework and what businesses should prepare for as the final guidelines approach publication.

The Belgian Council of State has issued a landmark judgment clarifying the obligations of both contracting authorities and tenderers under the EU's Foreign Subsidies Regulation in public procurement procedures. This ruling addresses a high-value casino concession dispute and establishes critical compliance requirements that could invalidate awarding decisions if not properly followed.

The Belgian Council of State has issued a landmark ruling on the Foreign Subsidies Regulation (FSR), clarifying the obligations of both contracting authorities and bidders in public procurement procedures exceeding €250 million. This decision arose from a dispute over Brussels' casino concession and establishes that FSR compliance is mandatory regardless of whether procurement documents explicitly mention it, with non-compliance rendering award decisions unlawful.

The European Union has fundamentally transformed packaging regulation with the adoption of the Packaging and Packaging Waste Regulation (PPWR), replacing the existing Packaging Directive...

On 3 September 2026, the European Commission adopted new Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings. The Guidelines follow a public consultation on a draft published in August 2024 and reflect substantial stakeholder feedback.

The European Parliament's draft report on the EU Inc. framework introduces significant changes that could reshape how innovative companies operate across borders, particularly around employee participation rights and eligibility criteria. Rather than simply streamlining incorporation, the evolving proposal emphasizes balancing competitiveness with worker protections and corporate governance requirements.

The European Commission's proposal for an EU Inc. promises faster, digital incorporation and more harmonised corporate structures across Member States. But can this new framework genuinely reduce legal fragmentation and strengthen Europe's competitive position, or does it simply add another layer to an already complex corporate landscape?

The Belgian Centre for Arbitration and Mediation (CEPANI) has introduced revised Arbitration Rules effective June 1, 2026, designed to modernize dispute resolution through enhanced digital capabilities, clearer multiparty procedures, and integrated mediation processes.

Boards in the United States, United Kingdom, and European Union face increasing pressure to oversee cybersecurity risks amid evolving regulatory expectations.

The new Book 6 of the Belgian Civil Code brought about the abolition of the "quasi-immunity" from direct liability for auxiliaries (such as directors and subcontractors).