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 ๐
- ๐๐๐ฅ๐ฅ-๐ข๐ง ๐ฉ๐จ๐ฐ๐๐ซ๐ฌ ๐๐ซ๐ ๐จ๐ง ๐ญ๐ก๐ ๐ญ๐๐๐ฅ๐. 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.
- ๐๐จ๐ฐ๐๐ซ๐๐๐ฌ๐ญ ๐ซ๐๐ฆ๐๐ข๐ง๐ฌ ๐ ๐ก๐จ๐ญ ๐ญ๐จ๐ฉ๐ข๐. Beyond the well-known cases such as ๐๐ณ๐ฐ๐น๐ช๐ฎ๐ถ๐ด/๐๐๐๐ฏ๐ฆ๐ต, ๐๐ฐ๐ด๐ด๐ค๐ฉ๐ฆ ๐๐ช๐ญ๐ญ๐ด/๐๐ฆ๐ณ๐ฆ๐ด and ๐๐ช๐ท๐ฆ ๐๐ข๐ต๐ช๐ฐ๐ฏ/๐๐ถ๐ฌ๐ฌ๐ฆ๐ญ๐ฑ๐ฐ๐ฑ, 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.
- ๐
๐จ๐๐ฎ๐ฌ ๐จ๐ง ๐๐๐ญ๐. 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.
- ๐๐ง๐ ๐๐ข๐ง๐๐ฅ๐ฅ๐ฒ ๐ ๐ฌ๐๐จ๐จ๐ฉ. 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!
๐ฌ ๐๐ฎ๐๐ฌ๐ญ๐ข๐จ๐ง๐ฌ? Feel free to reach out to our competition team or your usual contact person at contrast.
#competitionlaw #mergercontrol #antitrust #competitio #contrast #contrastlaw
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