Competing fairly - Belgium

Updated 10/2012

Legal requirements

Competition is regulated by the Law on the Protection of Economic Competition (LPEC) as well as the community competition rules.

Law on the Protection of Economic Competition
Community competition rules

Antitrust

Collusion

All agreements between companies, all decisions associating companies, and all concerted practices, whose aim or effect is to noticeably restrict or distort competition on the Belgian market, are considered as practices restrictive of competition (Art. 2, § 1er, LPCE).

Abuse of a dominant market position

The abusive exploitation by one or more companies of a dominant position on the Belgian market also constitutes a practice that is restrictive of competition (Art. 3 of the LPEC).

Overview of restrictive trade practices

National competition authorities

The Belgian Competition Authority investigates and punishes restrictive trade practices (cartels, understandings, or abuses of a dominant position) and examines the admissibility of any concentration which has the potential of significantly affecting the market.

Competition

The Belgian Competition Authority consists of two bodies:

Directorate General for Competition
The Competition Council

These bodies do not have jurisdiction over issues involving unfair trade practices or dishonest marketing (loss leading, discounting, public sales, comparative advertising, distance contracts, liquidations, etc.)

Strict provisions govern company mergers

Mergers — Belgium

Resources

The website of the FPS Economy, SMEs, Self-Employed and Energy provides consumer protection information.

Consumer protection

Check also the legislation on this topic in:

Competing fairly - Belgium