Belgium 1999 - Revision history

Kajrozga at 05:52, 18 November 2007

2007-11-18T05:52:48Z

← Older revision		Revision as of 05:52, 18 November 2007
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	'''Score = 18'''		'''Score = 18'''

	''Governed by:'' Law on the Protection of Economic Competition of 5 August 1991, amended by Royal Decree of 14 June 1999 (herein after referred to as Competition Act).		''Governed by:'' Law on the Protection of Economic Competition of 5 August 1991, entered into force on 1 April 1993, amended by Royal Decree of 14 June 1999 (herein after referred to as Competition Act).
	<ref>''Competition Law in the EU'' at 795.</ref><ref>Statute can be found at, http://www.globalcompetitionforum.org/regions/europe/Belgium/leg1.pdf</ref>		<ref>''Competition Law in the EU'' at 795.</ref><ref>Statute can be found at, http://www.globalcompetitionforum.org/regions/europe/Belgium/leg1.pdf</ref>

AchalOza at 12:08, 12 October 2007

2007-10-12T12:08:58Z

← Older revision		Revision as of 12:08, 12 October 2007
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	'''Score = 19'''		'''Score = 18'''

	''Governed by:'' Law on the Protection of Economic Competition of 5 August 1991, amended by Royal Decree of 14 June 1999 (herein after referred to as Competition Act).		''Governed by:'' Law on the Protection of Economic Competition of 5 August 1991, amended by Royal Decree of 14 June 1999 (herein after referred to as Competition Act).

JWSchneider at 22:57, 1 August 2007

2007-08-01T22:57:10Z

← Older revision		Revision as of 22:57, 1 August 2007
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	'''Score = 20'''		'''Score = 19'''

	''Governed by:'' Law on the Protection of Economic Competition of 5 August 1991, amended by Royal Decree of 14 June 1999 (herein after referred to as Competition Act).		''Governed by:'' Law on the Protection of Economic Competition of 5 August 1991, amended by Royal Decree of 14 June 1999 (herein after referred to as Competition Act).
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	\| Prison Sentences		\| Prison Sentences
	\| 1		\| 0
	\| ~~Article 44 allows for prison sentences for criminal violations.~~		\|

	\|-		\|-
	\|		\|

JWSchneider at 14:48, 21 June 2007

2007-06-21T14:48:38Z

← Older revision		Revision as of 14:48, 21 June 2007
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	''Governed by:'' Law on the Protection of Economic Competition of 5 August 1991, amended by Royal Decree of 14 June 1999 (herein after referred to as Competition Act).		''Governed by:'' Law on the Protection of Economic Competition of 5 August 1991, amended by Royal Decree of 14 June 1999 (herein after referred to as Competition Act).
	<ref>''Competition Law in the EU'' at 795.</ref>		<ref>''Competition Law in the EU'' at 795.</ref><ref>Statute can be found at, http://www.globalcompetitionforum.org/regions/europe/Belgium/leg1.pdf</ref>

	{\| class="wikitable"		{\| class="wikitable"

JWSchneider: New page: '''Score = 20''' ''Governed by:'' Law on the Protection of Economic Competition of 5 August 1991, amended by Royal Decree of 14 June 1999 (herein after referred to as Competition Act). <...

2007-06-21T14:43:25Z

New page: '''Score = 20''' ''Governed by:'' Law on the Protection of Economic Competition of 5 August 1991, amended by Royal Decree of 14 June 1999 (herein after referred to as Competition Act). <...

New page

'''Score = 20'''

''Governed by:'' Law on the Protection of Economic Competition of 5 August 1991, amended by Royal Decree of 14 June 1999 (herein after referred to as Competition Act).
<ref>''Competition Law in the EU'' at 795.</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| The Competition Act can be applied to anything that has an effect on the Belgian market.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 36, 37, 38, and 40 allow levying fines for certain violations.

|-
|
| Prison Sentences
| 1
| Article 44 allows for prison sentences for criminal violations.

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 0
|

|-
|
| Remedies Available to 3rd Parties
| 0
| Nothing saying that damaged 3rd parties cannot file a private tort claim but it is not provided for

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 32(2) says that 3rd parties have the right to be heard by the Council if they can demonstrate a sufficient interest.

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 10(1) says the concentrations shall be subject to the prior consent of the Competition Council.

|-
|
| Pre-merger
| 2
| Article 10(1) says the concentrations shall be subject to the prior consent of the Competition Council.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 10(2)(b) says that the council must take into account, the market position of the companies.

|-
|
| Restriction of Competition
| 1
| Article 10(2)(a) says that the council is to take into consideration the necessity of maintaining effective competition.

|-
|
| Public Interest (Pro D)
| 1
| Article 10(6) says that if the public interest justifies it, the Council may permit a concentration which would be otherwise impermissible.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Article 10(2)(b) requires looking at the effects such a merger would have on economic and technological progress.

|- class="categorydivision"
| Dominance
| Limits Access
| 0
|

|-
|
| Abusive Acts
| 1
| Article 2(1) lists several abusive acts which are prohibited.

|-
|
| Price Setting
| 1
| Article 3(a) prohibits dominant companies from imposing unfair prices.

|-
|
| Discriminatory Pricing
| 1
| Article 3(c) prohibits applying dissimilar conditions to equivalent transactions.

|-
|
| Resale Price Maintenance
| 0
|

|-
|
| Obstacles to Entry
| 0
|

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 2(1)(a) of the Competition Act prohibits directly or indirectly fixing prices by individual companies or cartels.

|-
|
| Tying
| 1
| Article 2(1)(e) and Article 3(d) prohibit tying.

|-
|
| Market Division
| 1
| Article 2(1)(b) prohibits limiting or controlling production, markets or investment.

|-
|
| Output Restraint
| 1
| Article 2(1)(b) prohibits limiting production, markets, development, and investment by individual companies or cartels.

|-
|
| Market Sharing
| 1
| Article 2(1)(c) prohibits market sharing.

|-
|
| Eliminating Competitors
| 0
|

|-
|
| Collusive Tendering/Bid-Rigging
| 0
|

|-
|
| Supply Refusal
| 1
| Article 2(1)(b) prohibits limiting production, markets, development, and investment by individual companies or cartels.

|-
|
| Efficiency Defense
| 1
| Article 2(3) exempts agreements from the Article 2(1) prohibitions if they contribute to improving production or distribution of goods or promote technical or economic progress.

|}

== References ==
<references />