Merger Control In Belgium

Belgium is one of the founding members of the European Economic Community (EEC), back in 1958, now European Union (EU). Its competition law follows closely the EU model. As far as concentrations are concerned, it applies where a merger, acquisition or a joint venture does not fall into the scope of the EC Merger Control Regulation, i.e. Community dimension thresholds are not attained. It applies also if these thresholds are reached, but the European Commission decides to refer a given operation to the Belgian authorities, because it affects importantly the market of this country.

The following questions have been addressed in this article:

Which operations should be notified to the Competition Council and when (thresholds and triggering events)?
How long does the procedure last?
What is being checked?
What are the parties’ (including third persons’) rights?
What are the sanctions for not complying with merger control rules?

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