Belgium

BCA comprises the Prosecutor-General (investigations), the Competition College (decisions), and the Auditor-General (procedure). Appeals to the Brussels Court of Appeal's Market Court.

Article IV.1 of the Code of Economic Law prohibits horizontal cartels, mirroring Article 101 TFEU. Significant cases in removal services (moving cartel), pharmaceutical distribution, and industrial gases.

Vertical restraints prohibited under Article IV.1. BCA has focused on resale price maintenance, selective distribution, and territorial restrictions in consumer goods and electronics.

Article IV.2 prohibits abuse of dominant position. Article IV.2/1 additionally prohibits abuse of economic dependence (introduced 2020). Cases in telecoms, postal services, and pharmaceutical sectors.

Mandatory pre-notification for concentrations exceeding turnover thresholds (combined Belgian turnover of EUR 100 million and at least two parties with individual Belgian turnover of EUR 40 million). Simplified procedure available.

Full immunity or reduced fines under the BCA leniency guidelines. Aligned with the ECN Model Leniency Programme. Marker system and confidential oral statements available.

Settlement procedure allows for a 10% fine reduction. Commitment decisions under Article IV.48 permit cases to close with binding undertakings without an infringement finding.

Fines up to 10% of Belgian turnover (not worldwide). Personal fines for individuals up to EUR 10,000. No criminal sanctions for antitrust infringements under competition law.

BCA applies general competition rules to digital markets. The EU DMA applies directly. The 2020 abuse of economic dependence provision has particular relevance for digital platform relationships.

BIPT (telecoms and postal), CREG (energy), FSMA and National Bank (financial services), and regional regulators exercise concurrent powers. Belgium's federal structure creates multi-level regulation.

BCA Prosecutor-General conducts dawn raids with authorisation from an investigating judge. Powers include entry to premises, document seizure, electronic data copying, and sealing of premises.

Private damages actions available following transposition of the EU Damages Directive (2017). Brussels Enterprise Court and the Market Court at the Brussels Court of Appeal have jurisdiction.

Active in ECN, ICN, and OECD. Close cooperation with French and Dutch authorities (Benelux). Brussels location facilitates direct engagement with EU institutions.

Active enforcement in pharmaceutical sector, abuse of economic dependence cases, and transport cartels. Increased focus on digital platform practices and merger control in media and telecoms sectors.