BELGIUM Law and Practice Contributed by: Peter L’Ecluse, Koen T’Syen and Amirsalar Kavoosi, Van Bael & Bellis
6. Ancillary Restraints and Related Transactions 6.1 Clearance Decisions and Separate Notifications The BCA applies the Commission’s Notice on Ancillary Restraints. Therefore, the BCA’s clear - ance decisions are deemed to cover “restrictions directly related and necessary to the implemen - tation of the concentration”. Restrictions that do not fall under this definition of ancillary restraints are reviewed under Article IV.1 of the CEL and Article 101 of the TFEU. 7. Third-Party Rights, Confidentiality and Cross-Border Co-Operation 7.1 Third-Party Rights Third parties with a sufficient interest have the right to be heard and to provide information to the BCA during the non-simplified procedure (Articles IV.65 (2)-(4) CEL); they also have the right to be notified of the BCA’s final decision (Article IV.74 (1) CEL). Finally, if they have formal - ly requested to be heard during the procedure, they have the right to appeal the BCA’s decision before the Markets Court (Article IV.90 (4) CEL). 7.2 Contacting Third Parties As part of its review process, the BCA will almost always gather the views of third parties on a proposed concentration. It will use requests for information or will meet with these parties. The BCA will also take into account the views of third parties in assessing whether the proposed remedies address its competition concerns.
7.3 Confidentiality Article 75 (2) of the CEL stipulates that the BCA’s publicly published decisions must not disclose the undertakings’ business secrets or other con - fidential information. However, in Ter Beke-Pluma N.V./Compofrio Food Group Netherlands Holding B.V. and Impe- rial Meat Products VOF (see also 5.1 Authorities’ Ability to Prohibit or Interfere With Transac- tions ), the BCA agreed to lift the confidential - ity of data submitted by market participants in response to its requests for information during a Phase II investigation. The notifying party, Ter Beke, sought access to confidential quantita - tive data provided by supermarkets in order to conduct its own analysis and effectively exer - cise its rights of defence. To address the BCA’s confidentiality concerns, Ter Beke requested the creation of a data room. On 4 January 2023, the competition prosecutor granted the request, lifting confidentiality vis-à-vis Ter Beke for each supermarket concerned, with access to the documents granted through a designated data room, subject to specific rules and conditions (BCA, press release of 29 June 2023, “The Bel - gian Competition 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 Aus - tria, Ireland, Portugal, the Czech Republic and the Netherlands published a statement express - ing their belief that a strong competition policy is necessary to preserve Europe’s competitive - ness and the sustainability of its social market economy model.
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