BELGIUM Law and Practice Contributed by: Peter L’Ecluse, Koen T’Syen and Amirsalar Kavoosi, Van Bael & Bellis
Van Bael & Bellis Glaverbel Building Chaussée de la Hulpe 166 Terhulpsesteenweg B-1170 Brussels Belgium Tel: +32 2 647 73 50 Fax: +32 2 640 64 99 Email: brussels@vbb.com Web: www.vbb.com
1. Legislation and Enforcing Authorities 1.1 Merger Control Legislation
referred to in Article IV.10 of the CEL inserted by the Laws of 3 April 2013h includes Form CONC C/C for notifications and outlines the practical procedures for their submission. • The Royal Decree of 4 September 2013 on the payment and recovery of administrative fines and periodic penalty payments pursuant to Book IV of the CEL sets out the terms for the payment of fines. • the Royal Decree of 12 September 2013 on the delivery of copies of the file as referred to in Book IV of the CEL outlines how copies of the case file are to be provided. The BCA adopted two Communications provid - ing additional rules governing the simplified noti - fication procedure: • the Communication of 8 June 2007 on the specific rules for the simplified notification of concentrations lays out which categories of concentrations qualify for a simplified notification and provides an overview of the applicable procedural rules; and • the Communication of 8 January 2020 on the additional rules for the simplified notification of concentrations extended the scope of the simplified merger regime.
Book IV of the Belgian Code of Economic Law (CEL) forms the foundation of the Belgian merg - er control regime. It sets out the framework for assessing concentrations, procedural rules on investigations and decisions, the applicable sanctions and appeal mechanisms. Four Royal Decrees implementing Book IV of the CEL govern aspects of merger control. • The Royal Decree of 30 August 2013 on procedures for the protection of competition, which includes: (a) the complaint form for alleged infringe - ments of the notification and standstill obligations, derogation conditions and concentration decisions; (b) provisions concerning the procedure before the Belgian Competition Authority (BCA); and (c) provisions on the calculation of time limits in merger control. • The Royal Decree of 30 August 2013 on the notification of concentrations of undertakings
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