This case deals with a decision of the four Belgian competent media regulators to liberalize the cable networks in Belgium. Competition law issues at stake include the definition of a geographic market, the presence of operators having significant market power, and the possible remedies as a consequence of this decision.
The judgments from the suspension proceedings dismissed all appeals. Moreover, one of the operators has filed an appeal before the Belgian Supreme Court (Hof van Cassatie/Cour de cassation). This is the first time in Europe that a national regulator has successfully taken a decision regarding the opening up of the cable market.
Following the favourable decision by the Court of Appeal, the regulators have recently published their provisions regarding the so-called ‘reference offering’, which stipulates parameters regarding quality and price for any potential new player on the Belgian cable network market.