No-poach agreements are not automatically 'by object' restriction of competition

In its preliminary ruling of 30 April 2026 in the 𝐂𝐃 𝐓𝐨𝐧𝐝𝐞𝐥𝐚 𝐜𝐚𝐬𝐞, the European Court of Justice (ECJ) reiterated that a by object qualification is never automatic or presumed. It must be interpreted strictly and assessed on the basis of (i) the content of the agreement, decision or practice, (ii) the economic and legal context and (iii) the objectives pursued.

The case concerned a temporary no-poach commitment between Portuguese professional football clubs in 2020. While the ECJ acknowledged that such an arrangement constitutes a manifest restriction of a key competitive parameter, namely the recruitment of players, and may also have an indirect impact on remuneration, it also made one thing very clear: 𝐜𝐨𝐧𝐭𝐞𝐱𝐭 𝐚𝐧𝐝 𝐨𝐛𝐣𝐞𝐜𝐭𝐢𝐯𝐞𝐬 𝐦𝐚𝐭𝐭𝐞𝐫.

Here, the COVID-19 context and the objective of ensuring a fair conclusion of the suspended competition are emphasised by the ECJ. The suspension of the ongoing competition created a risk that clubs would lose end of contract players before the season could be completed to the detriment of fair competition. The ECJ therefore gave strong guidance to the referring Portuguese court arguing against a by object qualification in the present circumstances.

In case of a by effect qualification, the ECJ reiterated that the pursuit of legitimate objectives may, in certain circumstances, outweigh restrictive effects.

The judgment also contains an important reminder on the broad understanding of what may constitute a decision of an association of undertakings. Although the no-poach concerned an agreement between clubs, the presence of the association’s president in the public announcement was sufficient for that characterisation.

𝐌𝐚𝐢𝐧 𝐤𝐞𝐲 𝐭𝐚𝐤𝐞𝐚𝐰𝐚𝐲𝐬:

1. No-poach agreements remain high-risk.
2. By object infringements are never automatic or presumed.
3. Associations should be careful: even a small role may have large consequences.

💬 𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? Feel free to reach out to our competition team or your usual contact person at 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭.

#EUlaw #CJEU #ECJ #competitionlaw #sportslaw #Tondela #contrastupdate

6th M&A Survey | +20 years of research | key findings unveiled

𝟔𝐭𝐡 𝐌&𝐀 𝐒𝐮𝐫𝐯𝐞𝐲 | +𝟐𝟎 𝐲𝐞𝐚𝐫𝐬 𝐨𝐟 𝐫𝐞𝐬𝐞𝐚𝐫𝐜𝐡 | 𝐤𝐞𝐲 𝐟𝐢𝐧𝐝𝐢𝐧𝐠𝐬 𝐮𝐧𝐯𝐞𝐢𝐥𝐞𝐝

Last Friday, Bart Bellen, Kristof De Wael, Maarten Cnudde and Marthe Wouters gave an exclusive sneak preview of key findings of the sixth M&A Survey to our contributors.

Thanks to the support of more than 100 investment companies, financial services firms, law firms and Private Capital Belgium, this is the most extensive M&A Survey to date, covering more than 500 deals signed in the period 2020-2025 and a total deal value of more than 28 billion euros.

This sixth edition marks an important milestone: the M&A Survey now covers more than 20 years of data and research (2004-2025), allowing us to identify key evolutions and long-term trends in the Belgian M&A market.

The M&A Survey results were put into perspective in an interactive debate with a panel of experts consisting of Jan Alexander, Tom Van de Meirssche and Arthur Molijn.

Thank you to everyone who joined us and contributed to the M&A Survey. A special word of thanks goes out to our panel for sharing their expertise and views on the market. 

The full results of the M&A Survey will be made publicly available in due course. Stay tuned for more news and feel free to reach out to our corporate and M&A team in the meantime!

Check out our aftermovie on our LinkedIn.

#MandASurvey #corporatelaw #MandA #MNA #contrastpublications #20yearscontrast

Competition law in motion

Last week at Competitio 2026, Belgian competition law was front and centre. Practitioners, academics, in-house counsels and the BCA came together to exchange views on where competition law enforcement is heading next. Our competition team represented by Sebastien Engelen, Laura Sente, Michèle de Clerck and Annabelle Kokkelmans enjoyed being part of the event and engaging in the discussions.

One panel in particular sparked lively debate: the upcoming reform of Belgian merger control. A few key takeaways stood out 👇

- 𝐂𝐚𝐥𝐥-𝐢𝐧 𝐩𝐨𝐰𝐞𝐫𝐬 𝐚𝐫𝐞 𝐨𝐧 𝐭𝐡𝐞 𝐭𝐚𝐛𝐥𝐞. Whether this will go hand in hand with an adjustment of the turnover thresholds remains an open question, as today around 80% of all transactions are already notified under the simplified procedure.

- 𝐓𝐨𝐰𝐞𝐫𝐜𝐚𝐬𝐭 𝐫𝐞𝐦𝐚𝐢𝐧𝐬 𝐚 𝐡𝐨𝐭 𝐭𝐨𝐩𝐢𝐜. Beyond the well-known cases such as 𝘗𝘳𝘰𝘹𝘪𝘮𝘶𝘴/𝘌𝘋𝘗𝘯𝘦𝘵, 𝘋𝘰𝘴𝘴𝘤𝘩𝘦 𝘔𝘪𝘭𝘭𝘴/𝘊𝘦𝘳𝘦𝘴 and 𝘓𝘪𝘷𝘦 𝘕𝘢𝘵𝘪𝘰𝘯/𝘗𝘶𝘬𝘬𝘦𝘭𝘱𝘰𝘱, the BCA disclosed that they provided informal advice on below threshold cases in two other instances, amongst others in the packaging sector. The BCA also continues to closely monitor sectors prone to roll-up strategies.

- 𝐅𝐨𝐜𝐮𝐬 𝐨𝐧 𝐝𝐚𝐭𝐚. A more data-driven merger review by the BCA is becoming the norm. The flip side? Far-reaching data requests by the BCA, addressed not only to the notifying parties but also to other market players.

- 𝐀𝐧𝐝 𝐟𝐢𝐧𝐚𝐥𝐥𝐲 𝐚 𝐬𝐜𝐨𝐨𝐩. An upcoming amendment of the Code of Economic Law may possibly soon limit the possibility for notifying parties to change their transaction up until the closing of the debate before the BCA’s College.

We’ll be keeping a close eye on these legislative and procedural developments. So, stay tuned!

💬 𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? Feel free to reach out to our competition team or your usual contact person at contrast.

#competitionlaw #mergercontrol #antitrust #competitio #contrast #contrastlaw

Revised EU competition framework for technology licensing agreements

On 16 April 2026, the Commission adopted a revised version of the Technology Transfer Block Exemption Regulation (TTBER) and the Technology Transfer Guidelines (TTBER Guidelines).

The revised framework enters into force on 1 May 2026. But don’t panic: a one-year transitional period (until 30 April 2027) applies to agreements already in force on 30 April 2026 that satisfied the conditions for exemption under the previous TTBER. This makes the coming months a key window to review existing technology licensing agreements and to future proof new ones.

Key updates compared to the 2014 framework include:

• A clarification that the TTBER’s exemption does not apply to the 𝐥𝐢𝐜𝐞𝐧𝐬𝐢𝐧𝐠 𝐨𝐟 𝐝𝐚𝐭𝐚 unless that data also qualifies as one of the existing technology rights, such as production know-how. That said, the TTBER Guidelines do provide guidance.
• New guidance on licensing negotiating groups (LNGs), covering the distinction between genuine LNGs and buyer cartels and relevant factors for assessing whether a genuine LNG may nevertheless likely lead to restrictive effects. Last year, the Commission also gave informal guidance on this topic to the automotive industry (see: https://lnkd.in/efuf5FZ7).
• Further changes to clarify and simplify compliance, notably regarding the application of the TTBER’s market share thresholds for technology markets and the conditions of the soft safe harbour for technology pools.

👉 𝐌𝐨𝐫𝐞 𝐢𝐧𝐟𝐨: The revised TTBER and Guidelines are available on DG COMP’s website (see: https://lnkd.in/epcxJ9vQ), together with an explanatory note summarising the main changes.

👉 𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? Feel free to reach out to our competition team or your usual contact at 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭. Stay tuned in any event for our monthly newsletter on the topic shortly.

#competitionlaw #TTBER #europeancommission

In the Picture - The knock is still at dawn, the search is digital. The digital dawn raid.

𝐈𝐦𝐚𝐠𝐢𝐧𝐞 ... 💭

You are the CEO of a company that designs and installs professional sound and lighting systems for music festivals and live events. Spring is when everything accelerates. Contracts are signed, crews are scheduled, equipment is tested. After months of preparation, the festival season is about to begin.

All is well ... until one morning, without warning, police officers and officials from a competition authority appear at your reception with a search warrant. They announce an unannounced inspection in a competition investigation. The questions come fast: can you explain how your IT environment works? Can you grant us access to it? Do employees use personal devices for work? Someone else mentions a legal hold. Panic creeps in as your mental checklist overloads. How does this work exactly, and what are you supposed to do now?

𝐖𝐚𝐧𝐭 𝐭𝐨 𝐤𝐧𝐨𝐰 𝐦𝐨𝐫𝐞? Read our latest #inthepicture ‘The knock is still at dawn, the search is digital. The digital dawn raid’ here, or contact our competition & EU senior associate Michèle de Clerck.

#competitionlaw #dawnraids #competitioncompliance #contrastpublications

Let's celebrate Administrative Professionals Day!

Today, we shine the spotlight on our team behind the scenes.

You organise seminars and events flawlessly and ensure they are beautifully captured. You safeguard the 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 brand on- and offline and help it grow further. You answer our clients’ calls with care and welcome them warmly at our offices. You keep our facilities safe and running smoothly, build reliable systems and answer our burning IT questions. You keep a close eye on our budgets and make sure everything stays on track.

We see your work and appreciate your commitment, today and every day. 👏

Thank you. Because of you, 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 can shine.

#teamwork #administrativeprofessionals #lawfirm #contrastvibes

Turn the cold season into something ice-traordinary with a winter internship at contrast

As warmer weather approaches and spring settles in, we are happy to announce that winter internship applications for 2027 at 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 are officially open!

Are you studying abroad next term, and are you looking to gain valuable legal experience in 𝐉𝐚𝐧𝐮𝐚𝐫𝐲 𝟐𝟎𝟐𝟕? Join 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 for an inspiring internship in one of our practice areas: competition and EU law, corporate and M&A, commercial law or dispute resolution.

You will gain hands‑on experience by working on engaging cases, with continuous coaching from a dedicated team.

𝐈𝐧𝐭𝐞𝐫𝐞𝐬𝐭𝐞𝐝? Don’t miss out on this unique opportunity and apply quickly via our website.

We look forward to meeting you!

#lawstudent #lawstudents #internship #legalinternship #studentcorner #contrastlaw #meetcontrast

Belgium issues competition law guidelines on sustainability cooperation between competitors

On 2 April 2026, the Belgian Competition Authority (BCA) adopted new guidelines on sustainability cooperation, covering both general sustainability agreements and sustainability agreements in the agricultural sector.

The guidelines follow a public consultation launched after the publication of draft guidelines in October 2025. Our Competition and EU team submitted observations on the draft, several of which were taken on board by the BCA, including closer alignment with the European Commission’s sustainability cooperation guidelines and clarifications on the “soft” safe harbour for sustainability standards.

The final guidelines also refer, by way of example, to the first informal view of the BCA President on sustainability cooperation (COMEOS and KOFFIECAFE, December 2025), which our team was instrumental in obtaining.

👉 𝐌𝐨𝐫𝐞 𝐢𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧: the guidelines are available in French and Dutch on the BCA website.

👉 𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? Feel free to reach out to our competition team or your usual contact person at 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭.

#competitionlaw #sustainability #antitrust #compliance #BCA #BMA #contrastupdate

Vertical Agreements now available on Oxford Law Pro

We’re happy to share that our book ‘ 𝐕𝐞𝐫𝐭𝐢𝐜𝐚𝐥 𝐀𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭𝐬 𝐢𝐧 𝐄𝐔 𝐂𝐨𝐦𝐩𝐞𝐭𝐢𝐭𝐢𝐨𝐧 𝐋𝐚𝐰’, now in its 4th edition, is available on 𝐎𝐱𝐟𝐨𝐫𝐝 𝐋𝐚𝐰 𝐏𝐫𝐨.

𝐎𝐱𝐟𝐨𝐫𝐝 𝐋𝐚𝐰 𝐏𝐫𝐨 provides access to quality-assured legal research. It includes more than 9,000 articles and 600 peer-reviewed books, supported by an AI research assistant that helps you navigating.

𝐂𝐡𝐞𝐜𝐤 𝐨𝐮𝐭 𝐨𝐮𝐫 𝐛𝐨𝐨𝐤 𝐡𝐞𝐫𝐞 👉 https://lnkd.in/e5U4hMuY

#OUP #oxfordlawpro #legalresearch #lawfirm #competitionlaw #verticalagreements #contrastpublications

Litigation workshop at KUL

Last week, our commercial senior associate Lise Ryckaert and dispute resolution associate Marie-Julie Kormoss gave an interactive litigation workshop for law students.

The students got a taste of the art of pleading, the use of AI in legal proceedings, the unfolding of a real court case, and much more.

A big thank you to ELSA Leuven for organising this event, and to the students for their active participation. It was a great session!

Don’t want to miss any news about workshop, career opportunities and useful tips and tricks? Make sure to subscribe to our Student Corner 👉 https://lnkd.in/erM_TgfC

#litigation #disputeresolution #lawstudents #workshop #ELSALeuven #meetcontrast #contraststudentcorner