BELGIUM Law and Practice Contributed by: Peter L’Ecluse, Koen T’Syen and Amirsalar Kavoosi, Van Bael & Bellis
8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review Final decisions of the BCA can be appealed to the Markets Court, which is a specialised section of the Brussels Court of Appeal (Article IV.90 (1) CEL). 8.2 Typical Timeline for Appeals Article IV.90 (5) of the CEL provides that an appeal must be lodged by submitting a signed application to the registry of the Brussels Court of Appeal within 30 days of the notification of the decision. The Markets Court has annulled decisions of the BCA in merger control cases. The matter may be referred back to the BCA, which is then required to re-evaluate Sufficiently interested third parties that have request - ed to be heard by the BCA during the procedure may lodge an appeal (Article IV.90 (4) CEL). 9. Foreign Direct Investment/Subsidies Review 9.1 Legislation and Filing Requirements On 1 July 2023, the Cooperation Agreement of 30 November 2022 between the Federal State, the Regions and the Communities establishing a general screening mechanism for foreign direct investment in Belgium entered into force. Under this mechanism, all transactions that meet the relevant criteria must be approved by the Interfederal Screening Committee, in addition to any required approval under the merger control regime. the concentration (Article IV.90 (2) CEL). 8.3 Ability of Third Parties to Appeal Clearance Decisions Changes to the screening mechanism will result from the soon-to-be-published Regulation that will replace Regulation (EU) 2019/452 establishing a framework for the screening of foreign direct investments into the Union.
tion Authority confirms the use of a data room in the context of a merger control case”). 7.4 Co-Operation With Other Jurisdictions The BCA regularly co-operates with other NCAs. On 22 April 2025, the BCA and the NCAs of Austria, Ire - land, Portugal, the Czech Republic and the Nether - lands published a statement expressing their belief that a strong competition policy is necessary to pre - serve Europe’s competitiveness and the sustainability of its social market economy model. In its Policy and Enforcement Priorities for 2025, the BCA noted that it had “recently strengthened infor - mal ties” with the NCAs of Austria, the Czech Repub - lic, Greece, the Netherlands and Portugal. It further stated that “[s]everal specific collaborative projects are already in the pipeline, focusing on clearly defined common themes where resources can be pooled across authorities. These initiatives also aim to devel - op shared policy positions to ensure that the voices of medium-sized Member States are adequately heard in the political debate”. In its Policy and Enforcement Priorities for 2026, the BCA reported that it had welcomed several foreign delegations, including visitors from China, Japan, the Philippines and South Korea, to exchange experienc - es and best practices, and that co-operation with the countries of the West African Economic and Monetary Union (UEMOA) was being strengthened. The BCA also indicated that it would continue to co-operate fully with the Commission in the context of the revision of the EU Merger Guidelines. Under Article IV.78 of the CEL, the BCA is authorised to share confidential information with the Commission and NCAs for the purpose of applying the EUMR.
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