On 21 August 2024, the Belgian Competition Authority (BCA) announced measures to bolster the protection of whistleblowers that report infringements of competition law. This initiative aligns with the Belgian Whistleblower Act of 28 November 2022, which governs whistleblower protections in the private sector. Following a royal decree on 22 January 2023, the BCA was designated as the competent authority authorized to receive reports of breaches of national and European competition rules.
The BCA has formalized its cooperation with the federal Ombudsman through a Collaboration Protocol, which outlines the procedures for information sharing and the transfer of whistleblower reports between the two bodies. Under the Whistleblower Act, the federal Ombudsman serves as the federal coordinator responsible for managing external reports in the private sector. In this framework, the federal Ombudsman forwards to the BCA reports of competition law violations by enterprises. Conversely, the BCA redirects reports that fall outside its jurisdiction to the Ombudsman. This protocol aims to enhance whistleblower protection by ensuring efficient handling and coordination of reports.
Prior to its official designation under the Whistleblower Act, the BCA had established a whistleblower reporting line in October 2022. This channel enables individuals to promptly, securely and anonymously report behaviours that may constitute violations of competition law rules. The reporting line was designed to meet the requirements of EU Directive 2019/1937 on the protection of persons who report breaches of Union law, as well as the requirements of the Belgian Whistleblower Act.
The BCA’s reporting line can be accessed here. It serves as a critical tool in identifying anti-competitive practices among businesses, supplementing the BCA’s existing leniency programme. When submitting a leniency application, a company that discloses the existence of a secret cartel and cooperates throughout the investigation may benefit from full or partial immunity from fines. Additionally, the leniency programme offers immunity from prosecution for individuals who report the same violations.
Time will tell if this new tool is as effective as the clemency program when it was first put in place.
