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CSDDD has just been published
๐ฃย ๐๐จ๐ญ ๐จ๐๐ ๐ญ๐ก๐ ๐ฉ๐ซ๐๐ฌ๐ฌย - theย ๐๐๐๐๐ย has just been published! ๐
The text can be found here ๐ย
Also, donโt miss our #inthepicture on this topic๐ 'Brace yourselves, CSDDD is here!'
๐๐จ๐ซ๐ ๐ข๐ง๐๐จ ๐๐๐ฅ๐จ๐ฐ๐
๐ Questions? Feel free to reach out to our corporate counsel Ine Schockaert and corporate associate Karlien De Ryck, or your usual contact person at contrast.
#EU #CSDDD #corporate #duediligence #ESG #sustainability #corporatesustainability #humanrights #contrastupdate
BCA fines security firms for cartel practices
๐ย ๐๐จ๐ง๐ญ๐ซ๐๐ฌ๐ญ ๐๐จ๐ฆ๐ฉ๐๐ญ๐ข๐ญ๐ข๐จ๐ง ๐ฎ๐ฉ๐๐๐ญ๐ โ๐๐๐ฅ๐ ๐ข๐๐ง ๐๐จ๐ฆ๐ฉ๐๐ญ๐ข๐ญ๐ข๐จ๐ง ๐๐ฎ๐ญ๐ก๐จ๐ซ๐ข๐ญ๐ฒ ๐
๐ข๐ง๐๐ฌ ๐๐๐ฃ๐จ๐ซ ๐๐๐๐ฎ๐ซ๐ข๐ญ๐ฒ ๐
๐ข๐ซ๐ฆ๐ฌ ๐๐จ๐ซ ๐๐๐ซ๐ญ๐๐ฅ ๐๐ซ๐๐๐ญ๐ข๐๐๐ฌโ
Today the Belgian Competition Authority (โBCAโ) imposed substantial fines on Securitas, G4S, and Seris for their involvement in cartel practices within the private security services sector. The fines amount to a โฌ47.095.112.
The practices in question spanned from 2008 to 2020 and included:
๐. ๐๐ซ๐ข๐๐ ๐
๐ข๐ฑ๐ข๐ง๐ : The companies applied minimum hourly rates for security guards, as established within their professional association.
๐. ๐๐ข๐ ๐๐ข๐ ๐ ๐ข๐ง๐ : The firms coordinated bidding intentions and ensured specific contracts remained with particular suppliers. Prices were also agreed upon.
๐. ๐๐จ-๐๐จ๐๐๐ก๐ข๐ง๐ : The companies mutually agreed not to hire each otherโs employees, a practice under increasing scrutiny by competition authorities.
Securitas received no fine as it benefits from full immunity (having brought the infringement to the authorityโs attention). G4S and Seris received leniency reductions of 50% and 40% respectively for cooperating. Moreover, the companies acknowledged their infringement in exchange for a further 10% reduction of their fines. The BCAโs press release also highlights that 11 individuals received immunity, while proceedings continue for one individual.
๐ More info? Read the press release of the BCA (EN NL FR) ๐https://www.linkedin.com/feed/update/urn:li:activity:7214305919789084672
๐ Want to learn more about what you can and cannot agree with your competitors or about immunity? Feel free to reach out to your usual contact person at contrast.
#competitionlaw #antitrust #cartelenforcement #compliance #bidrigging #contrastupdate
Book 6 'Extra-contractual liability' published!
Exciting news! Today, Book 6 โExtra-contractual Liabilityโ of the Civil Code was published in the Belgian Official Gazette. ๐ This marks a significant step, as the new provisions will affect most contracts.
๐ ๐๐ข๐ ๐ก๐ฅ๐ข๐ ๐ก๐ญ๐ฌ
โข ๐๐๐ ๐๐ฅ ๐๐ฅ๐๐ซ๐ข๐ญ๐ฒ - Book 6 codifies essential case law on tort liability.
โข ๐๐๐ฒ ๐๐ก๐๐ง๐ ๐๐ฌ - Abolition of the prohibition on concurrence of contractual and extra-contractual liability and quasi-immunity.
โข ๐๐๐๐๐๐ญ๐ข๐ฏ๐ ๐๐๐ญ๐ - Changes take effect in six months, on 1 January 2025. However, they should already be considered now when drafting new contracts or updating your existing contracts.
๐ ๐๐๐ฑ๐ญ ๐๐ฏ๐๐ข๐ฅ๐๐๐ฅ๐ ๐ข๐ง ๐๐ฎ๐ญ๐๐ก ๐๐ง๐ ๐
๐ซ๐๐ง๐๐ก (link)
๐ค ๐๐จ๐ง๐ง๐๐๐ญ ๐ฐ๐ข๐ญ๐ก ๐ฎ๐ฌ - Questions? Reach out to our corporate and commercial teams, led by Bart Bellen and Milena Varga or your usual contact at contrast. Weโre here to assist you!
#contrastupdate #Book6 #extracontractualliability #quasiimmunity #legalnews #civilcode #lawfirm
Lunch & learn session
Before the summer sun takes centre stage, our contrast training team organised yet another captivating lunch & learn session. This time, the spotlight was on the new insolvency law, and we had the privilege of welcoming Matthias Gesquiรจre (VUB guest professor) as guest speaker on this topic.
๐ Matthias, thank you for sharing your valuable insights with our team!
๐ A special shout-out to our dedicated contrast training team (Ine Schockaert | Cรฉline Mergeay | Camille Verstraete | Simone Goyvaerts) for organising a series of engaging workshops and training sessions. Weโre eagerly anticipating the interesting sessions lined up for the new bar year!
Stay tuned for more legal insights and collaborative moments. ๐ค๐ผ
#lawfirm #insolvency #insolvencylaw #corporatelaw #legalminds #knowledgeexchange #teamwork #contrasttraining
In the Picture - Safety first! Screening of foreign direct investments in Belgium
Imagine ... ๐ญ You are a member of the management team of a Belgian Internet provider. Your company wants to roll out a state-of-the-art mobile network in Belgium and is looking for capital to do so. The search for suitable investors goes smoothly and an agreement in principle is reached relatively quickly with an American telecom juggernaut to acquire a 32% stake in the company.
You are on cloud nine. Since the investor is not acquiring control, there is no merger control required and nothing seems to stand in the way of the rapid implementation of the investment. Yet you have heard talks about screening regimes for foreign investments in EU Member States, including Belgium. Surely this investment does not fall under such a regime? Or does it?
Read our latest #inthepicture โSafety first! Screening of foreign direct investments in Belgiumโ, written by our competition associate Michรจle de Clerck.
#inthepicture #fdi #foreigndirectinvestment #law #belgianlaw #mergercontrol #investments
RTBF interview on football and competition law
โฝ๏ธ๐ With the ongoing Euro 2024, football is high up on the agenda. We have been keeping sports in the spotlight for some time in our case work as well. You want to know how competition law could possibly increase the level playing field in EU football? Watch the RTBF interviewย โVirton contre les grands du foot europรฉenโ with our competition partner Sebastien Engelen. ๐ฌ
#footballย #sportslaw #rtbf #competitionlaw #europeanunion #FSR #thecontrastisclear
case highlight - European Commission vs. Deutsche Telekom (C-221/22P)
In Deutsche Telekom, the Court of Justice held that the Commission and national competition authorities must pay sufficiently high interests on fines unduly paid to them by companies. Specifically, the interest rate may not be limited to compensating for the depreciation in the value of money. It must cover compensation at a standard rate to which the company that paid that fine is entitled because it was deprived for a certain period of time of the use of the funds corresponding to the amount unduly collected by the Commission.
Not so pleasant news for the Commission, but also national competition authorities may have to reassess their national rules on the matter.
In Belgium, fines are paid to (and possibly repaid by) the Deposit and Consignment Fund, which applies the interest rate set by Ministerial Decree of 13 October 2016 (currently set at 2,5%). The question is whether this is sufficiently high considering the Court of Justiceโs Judgment in Deutsche Telekom.
Interested in learning more on this case?
- Judgment ๐ https://lnkd.in/eSH5NNDd
- Interest rate Deposit and Consignment Fund ๐https://lnkd.in/edT-hVTT
#competitionlaw #europeancommission #belgiancompetitionauthority #ECJ #contrastupdate
contrast competition update โ Acquisition of Porsche Centre East-Flanders by DโIeteren approved
๐จ๐ contrast competition update โ Acquisition of Porsche Centre East-Flanders by DโIeteren approved by Belgian Competition Authority subject to behavioural commitments
On 10 June 2024, the Belgian Competition Authority (BCA) approved the acquisition of the official Porsche dealer Porsche Centre East-Flanders by DโIeteren subject to certain behavioural commitments.
DโIeteren is the official importer of new Porsche vehicles and original spare parts for Belgium. At the same time, DโIeteren is also active downstream as it owns 6 (out of 9) locations of the official Porsche network in Belgium. By acquiring the Porsche Centre East-Flanders, DโIeteren now owns 7 locations.
The BCA had raised serious concerns as to the proposed acquisition, because of a risk of (i) reduced competition in some local catchment areas for repair and maintenance services and (ii) input foreclosure of independent dealers.
In response to these concerns, DโIeteren made the following behavioural commitments, to which it must adhere for 10 years:
1. Safeguards regarding existing and new approvals of Porsche sales and/or after-sales outlets
2. The implementation of Chinese walls for commercially sensitive information relating to Porsche between the import and retail divisions of DโIeteren
3. A general non-discrimination obligation on the part of DโIeteren towards independent dealers
4. A commitment to voluntary notify to the BCA any future acquisitions of remaining official Porsche dealers even if such acquisitions were to fall below the applicable turnover thresholds.
Questions? Contact our competition partner Herlinde Burez and senior associate Laura Sente, or your usual contact at contrast.
#competitionlaw #mergercontrol #belgiancompetitionauthority #contrastupdate
Soft skill training at contrast on feedback
Sustainable entrepreneurship also implies continuously building a positive work culture.
With our contrast training team, we organised a lunch session on the art of feedback. Thanks Michel De Gieter of The Tipping Point for the fascinating training which is the start of several more workshops within our team on this topic. We are looking forward to the rest of the journey.
Also interested in joining our journey? Join our team.
#sustainability #SDGs #ESG #entrepreneurship #lawfirm #fitforpurpose #contrasttraining #teamspirit
