umraniye escort pendik escort
maderba.com
implant
olabahis
canli poker siteleri meritslot oleybet giris adresi betgaranti
escort antalya
istanbul escort
sirinevler escort
antalya eskort bayan
brazzers
sikis
bodrum escort
Articles

New Leniency Guidelines applicable in Belgium since 22 March 2016

New Leniency Guidelines applicable in Belgium since 22 March 2016

New Leniency Guidelines applicable in Belgium since 22 March 2016

04.04.2016 NL law

On 22 March 2016, the new Belgian Leniency Guidelines (the "Guidelines") entered into force. They apply to all leniency applications submitted after that date.

The most important change introduced by the Guidelines consists of practical rules for leniency applications submitted by individuals. Clarification regarding how these rules are implemented was required, particularly since the option for individuals to obtain immunity for ‘whistle blowing’ became part of the Belgian Code of Economic Law in 2013, and in light of potential sanctions against individuals for certain types of competition law infringements.

Individuals are always granted full immunity, regardless of where they rank in the order of applications submitted, provided that they respect the other conditions set out in the Guidelines. This is different from corporate leniency, where only the first applicant can obtain full immunity. The Guidelines also clarify that individuals may apply for leniency alone or together with the undertaking or association of undertakings for whom they work or used to work.

Furthermore, the Guidelines introduce new reduction percentages in relation to partial exemptions. When the Belgian Competition Authority already has information regarding the cartel, it may grant partial reduction to undertakings which submit evidence with a significant value. The fine reduction available to the first partial leniency applicant remains the same, namely between 30% and 50%. The second partial leniency applicant can obtain a reduction between 20% and 40% (previously 10-30%). The following applicants can receive a 10% to 30% reduction, which is the same as in the previous Guidelines.

While the conditions to be respected by the applicants, including the information that they should provide, are still more or less the same as those under the former leniency provisions, the 2016 Guidelines do provide some practical clarifications. These include the confidentiality obligations of a leniency applicant, the language to be used in the application, how to make contact with the Auditor General in order to submit such an application or to obtain information about the availability of an immunity application for the first undertaking, and the possibility to obtain a marker.

The Guidelines are still limited to cartel cases, with the express exclusion of other type of horizontal agreements and of vertical agreements. To the extent that a hub-and-spoke cartel can be qualified as a cartel, it will be covered. A hub-and-spoke cartel is an exchange of information between retailers (competitors) through one or more of their common suppliers. The Belgian Competition Authority has already granted immunity and leniency in a hub-and-spoke cartel case in 2015.

This article was published in the Competition Law Newsletter of April 2016. Other articles in this newsletter:

1. Court of Justice annulled Commission's requests for information in cement cartel case
2.
Initial findings of Commission's e-commerce sector inquiry show widespread use of geo-blocking
3.
ACM fined cold-storage companies and their executives EUR 12.5 million for breaching competition law during merger negotiations
4.
Dutch Trade and Industry Appeals Tribunal confirmed that ACM can use EU-wide turnover in calculating the fines in onion cartel case
5. Belgian Constitutional Court rules that actions for antitrust damages cannot be time-barred before the final infringement decision is rendered

Team

Related news

04.03.2021 NL law
Net(work) closing in on cross-border cartels?

Short Reads - A heads-up for companies with cross-border activities. The ECN+ Directive’s transposition deadline has expired and its provisions should by now have found their way into the national laws of the EU Member States. In the Netherlands, amendments to the Dutch Competition Act giving effect to the ECN+ Directive came into force recently, together with a new governmental decree on leniency.

Read more

04.02.2021 NL law
Game over? Gaming companies fined for geo-blocking

Short Reads - The Commission’s cross-border sales crusade seems far from over. The EUR 7.8 million fine imposed on distribution platform owner Valve and five PC video games publishers for geo-blocking practices is the most recent notch in the Commission’s belt. Food producer Mondelĕz may be next on the Commission’s hit list: a formal investigation into possible cross-border trade restrictions was opened recently.

Read more

04.03.2021 NL law
Amsterdam Court of Appeal accepts jurisdiction in competition law damages case concerning Greek beer market

Short Reads - On 16 February 2021, the Amsterdam Court of Appeal (the Court of Appeal) set aside a judgment of the Amsterdam District Court (the District Court) in which the District Court declined jurisdiction over the alleged claims against Athenian Brewery (AB), a Greek subsidiary of Heineken N.V. (Heineken), in a civil case brought by competitor Macedonian Thrace Brewery (MTB).

Read more

04.02.2021 NL law
ECJ clarifies limits of antitrust limitation periods

Short Reads - Companies confronted with antitrust investigations and fines may find safeguard behind the rules governing limitation periods (often termed ‘statutes of limitation’). However, two preliminary rulings by the European Court of Justice (ECJ) show that those rules are not necessarily set in stone. According to the ECJ, national time limits relating to the imposition of antitrust fines may require deactivation if these limits result in a ‘systemic risk’ that antitrust infringements may go unpunished.

Read more

29.01.2021 NL law
Publicatie en inwerkingtreding Uitvoeringswet Screeningsverordening buitenlandse directe investeringen

Short Reads - Op 4 december 2020 is een uitvoeringswet in werking getreden die bepaalde elementen uit de Verordening screening van buitenlandse directe investeringen in de Unie regelt en zorgt dat Nederland voldoet aan de verplichtingen uit die verordening. Ook is er een conceptwetsvoorstel toetsing economie en nationale veiligheid verschenen. 

Read more