Belgian Competition Authority Publishes Annual Report for 2023 but Also Shows What Lies Ahead
- 02/08/2024
- News
On 29 July 2024, the Belgian Competition Authority (BCA) published its annual report for 2023 (the Report) which, combined with its enforcement priorities for 2024 made public a few weeks ago and for easy reference incorporated in the Report, offers a good view on the BCA’s current thinking and short-term plans (see, attachments). The Report contains no fresh information, but reminds us that the BCA:
- was able to increase its staff significantly as the beneficiary of additional government funding (p. 2 and p. 8); and
- is gearing up for sector inquiries “when a specific part of the economy shows signs of market distortions” (p. 2).
Additionally, the report refers to the first investigation of an alleged abuse of economic dependency (p. 2). Other public sources indicate that the targeted firm is Tiense Suiker, following a complaint filed by sugar beet producers.
Separately and in keeping with a practice followed by several European competition authorities, the BCA claims that the enforcement work which it concluded in 2023 has allowed consumers to save at least EUR 445 million (p. 2). This avowedly conservative estimate results from calculations made in accordance with a methodology sanctioned by the OECD. Less conservative methodologies used by the European Commission suggest consumer savings in 2023 of EUR 641 million or even EUR 1,086 million (p. 35 and p. 36).
The BCA says it will continue what it refers to as its capacity building effort, which involves the development of practice groups, specialisations, sector inquiry capabilities, and IT solutions. The BCA also plans to focus on digital enforcement and on sustainability. Industry-wise, the BCA will concentrate on the agricultural and food industries, telecommunications, healthcare and pharmaceuticals (see, Van Bael & Bellis Life Sciences News and Insights of 12 June 2024), energy, services to business and to consumers, and public procurement (see, Van Bael & Bellis Belgian Antitrust Watch of 4 July 2024 and 9 July 2024). The BCA has earmarked most of these areas as priority enforcement matters for years.
