Belgian Competition Authority

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Publication of the 2023 Annual Report of the Belgian Competition Authority 2023 was an important year for the Belgian Competition Authority as it recorded a number of significant achievements displaying early results of its ongoing modernisation plan. For an overview, see: · NL version: https://lnkd.in/e7ZjitWt · FR version: https://lnkd.in/erz7bFgT

The Belgian Competition Authority (BCA) opens an investigation into a proposed cooperation agreement for the roll-out of fiber networks in Flanders Following the announcement by Proximus/Fiberklaar and Telenet/Wyre of the signing of a memorandum of understanding with respect to the sharing of fiber networks rollout in areas of Flanders of medium population density, combined with reciprocal and third-party access to each other’s networks, the BCA has decided to open an ex officio investigation to determine whether the envisaged cooperation is likely to adversely affect competition between telecommunications service providers.   In particular, the investigation will determine whether, and to what extent, the envisaged cooperation will reserve a fair share of the cost-savings and other efficiency gains for the users of the networks (in terms of, e.g., access conditions, scope and speed of rollout). Given the level of investment required to roll out fiber networks, the investigation will adopt a long-term perspective, taking into account the existing market structure, as well as the roll-out prospects and competitive dynamics likely to prevail in the absence of the cooperation project in question.   BCA press-release available at: https://lnkd.in/e-bVUBTy.  

The Belgian Competition Authority condemns the ANSUL/SOMATI FIE and SICLI groups for manipulating public procurement procedures in the fire protection sector The Belgian Competition Authority (‘BCA’) has condemned ANSUL, SOMATI FIE and SICLI, three large players in the fire protection sector in Belgium, for manipulating public procurement procedures (‘bid rigging’) for more than seven years, mainly for the sale, hire and/or maintenance of extinguishers and hose reels. In practice, the cartel consisted in ANSUL, SOMATI FIE and SICLI dividing up public procurement contracts among themselves in order to retain their historical customers by refraining from bidding for the contracts in question or by submitting "cover" bids. ANSUL/SOMATI FIE and SICLI have accepted the terms of a settlement, which led to the imposition of a EUR 2.2 million fine on SICLI while ANSUL/SOMATI FIE benefited from immunity of fines under the leniency program and proposed a system of compensation of the victims, which include schools, municipalities, assistance centers, social housing and public transport companies, etc. Full press-release available at: https://lnkd.in/eEgycQCh.

The Belgian Competition Authority has fined Securitas, G4S and Seris more than EUR 47 million to sanction their participation in a complex cartel scheme in the private security sector The practices in question consisted in price fixing agreements, the distortion of public procurement and other tender procedures ("bid rigging"), as well as no-poaching arrangements, and lasted from 2008 until 2020.   The prosecution of bid rigging practices is a top priority of the Belgian Competition Authority (BCA). This decision also contributes to the development of a growing body of precedents in Europe clarifying that naked no-poaching practices are illegal by object under domestic and EU competition rules. The companies involved acknowledged their participation in the infringement and accepted the terms of a settlement proposed by the BCA's Investigation and Prosecution Service. According to the BCA leniency program, Securitas benefited from full immunity of fines, while G4S and Seris were granted a reduction in fines of 50% and 40%, respectively. Press-release available at: https://lnkd.in/e2cWBH2X.

The Belgian Competition Authority approves the country's largest hospital merger, under conditions In the framework of the ongoing wave of hospitals concentration in Belgium, the Belgian Competition Authority (BCA) remains competent to undertake ex-ante merger control of the largest such operations. The proposed merger between ZNA (already the largest hospital nationwide) and GZA in the Antwerp area, fell within that category. The BCA undertook a thorough assessment of the transaction's impact on the local markets for hospitalisations and specialized ambulatory care, with a focus on unregulated prices, quality and accessibility of care, in line with its dedicated analytical framework for hospital mergers (as published on 18 October 2023 - see https://lnkd.in/ePDYswPV). The assessment was carried out in full cooperation with the health regulators, at federal and regional level (special thanks to FOD Volksgezondheid/SPF Santé Publique, RIZIV-INAMI and Vlaamse overheid). At the end of the Phase 1 merger review process, specific concerns were identified (in the form of possible unilateral and coordinated effects) with respect to the level of fee and room supplements. To address these concerns, ZNA and GZA offered commitments, including caps on fee and room supplements and a requirement to remain autonomous from other local hospitals (no network combination). After market testing the proposed commitments, the BCA came to the conclusion that these appeared sufficient to ensure that the combined entity would retain the capabilities and incentives to offer the best possible healthcare services at the best possible conditions. Press-release available at https://lnkd.in/esm-ynkD

Today, the Belgian Competition Authority (“BCA”) published for consultation the draft of an information brochure about “The Digital Markets Act – a short guide for tech challengers”. This information brochure aims to raise awareness among tech entrepreneurs and digital business users about the opportunities opened up by the Digital Markets Act (DMA) to bring innovation to digital markets in Europe. The launch of the consultation period coincides with the ECN Digital Markets Act Conference that takes place today in Amsterdam with the shared objective of highlighting how the DMA empowers challengers to develop alternative business and operational models to compete in and for digital markets. The consultation primarily aims to gather more illustrations of the opportunities arising from the obligations imposed by the DMA on the core platform services of digital gatekeepers (i.e., Amazon, Apple, Booking, ByteDance, Google, Meta and Microsoft). The final version of the brochure will be made available widely to any public authorities, trade associations or businesses interested in distributing or using it. The brochure is available at www.bma-abc.be. The consultation runs until 19 July 2024. Contributions to the consultation can be communicated to the BCA via the following dedicated email address: DMA@bma-abc.be.

! COMING UP SOON ! CONTRIBUTE TO THE FUTURE OF DIGITAL MARKETS IN EUROPE ! TIME TO REGISTER ! The Belgian Competition Authority, together with other authorities in the European Competition Network and under the leadership of the The Netherlands Authority for Consumers and Markets, co-organizes a unique event dedicated to the opportunities opened up by the Digital Markets Act to foster innovation in digital markets in Europe. This (free) ECN-DMA Conference will be held on 24 June 2024 at the Sheraton Hotel Amsterdam (Schiphol) and will allow business users of the digital gatekeepers' core platform services with the opportunity to share their hopes and vision of the future digital landscape in Europe following the entry into force of the Digital Markets Act. Speakers include representatives of Mozilla, GetYourGuide, Qwant, Brave, Zalando, Bol.com, Spotify, DuckDuckGo and many others. EU Commission's Executive Vice President Margrethe Vestager will open the conference. Breakout sessions on operating systems, search engines, app stores, NIICs, browsers, e-commerce and online booking platforms, generative AI, and ad services. Full program: https://lnkd.in/eQDs6_Cd Registration: https://lnkd.in/eFUuqb56 Bundeswettbewerbsbehörde | Austrian Federal Competition Authority Konkurentsiamet / Estonian Competition Authority Bundeskartellamt Autoridade da Concorrência (AdC) - Portuguese Competition Authority CNMC (Comisión Nacional de los Mercados y la Competencia) Swedish Competition Authority EU Competition Policy

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