According to a press release issued by the Council of Ministers on 20 July 2012, a significant reform of Belgian competition law may be adopted in the near future. The Council of Ministers has approved the proposal of the Minister of the Economy to reform the Belgian competition authorities and strengthen the role of the Pricing Observatory.
The Pricing Observatory, which currently analyses pricing trends on the Belgian market, would now be able to call directly on the Belgian competition authorities when it considers that there is a problem with respect to prices or margins in the Belgian market, or when it notices an abnormal price trend or a structural market deficiency. On the basis of the Pricing Observatory’s report and after having heard all interested parties, the competition authorities would have the power to adopt interim measures in order to address the issue reported by the Pricing Observatory. The Brussels Court of Appeals would have the final say.
In addition to this new power, under the new proposal, the current Competition Council would also become more independent and be replaced by a Competition College consisting of a President and assessors specialised in economic and competition policy. The Competition College would be complemented by a management committee and a College of Prosecutors. These bodies together would form the Belgian Competition Authority (“Belgische Mededingingsautoriteit/Autorité belge de la concurrence”). Considering the glaring lack of efficiency of the current procedure, the new proposal also envisages to accelerate the proceedings before the Belgian competition authority, to impose more stringent deadlines for interim measures proceedings and to introduce a settlement procedure.
The proposal also confers the power on the Belgian Competition Authority to levy administrative fines against individuals who were found guilty of participation in specific forms of “hardcore” restrictions of competition such as price-fixing. As a corollary, individuals will also become eligible for leniency treatment, including immunity from fines.
This new proposal is at an early stage of the legislative process and may undergo changes before being formally adopted by Parliament.
