Abuse by non-dominant companies? Belgian rules prohibiting "abuses of economic dependence" now enforceable

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As of 1 June 2020, a new form of competition law infringement will be enforceable in Belgium*in addition to the prohibitions on anti-competitive agreements and abuses of a dominant position. The new Article IV.2/1 of the Belgian Competition Act (CA), applicable in the B2B context only, now prohibits companies from abusing a non-dominant position vis-à-vis companies that are "economically dependent" on them. While this kind of competition law infringement does not exist at EU level, similar provisions can be found in other EU member states and have been more regularly enforced in recent years (e.g., recently in France resulting in fines of over €1 billion).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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