Ms Beatrijs Gielen

Beatrijs Gielen

Updates

Competition & Antitrust

Creation of loco-regional hospital networks exempt from merger control rules
Belgium | 20 May 2021

The new act of 29 March 2021 explicitly and generally exempts operations which create loco-regional hospital networks from the obligation to notify the Belgian Competition Authority (BCA). This new amendment might come as a surprise. It contradicts the BCA's July 2020 note, which reiterated that competition law rules concerning merger control fully apply to the creation of local hospital networks as required under the act of 28 February 2019.

Dawn raid's illegality does not automatically void subsequent request for information
Belgium | 21 January 2021

The Market Court of the Brussels Court of Appeal recently ruled in a case involving a Belgian telecoms operator, which had been ongoing for more than a decade. In this latest judgment, the Market Court ruled on the effects of a dawn raid's illegality and confirmed the two-step test for determining the same.

First Belgian ruling on abuse of economic dependence
Belgium | 03 December 2020

In August 2020 a new act introducing a prohibition on the abuse of economic dependence entered into force in Belgium. In October 2020 the president of the Ghent Commercial Court has issued a judgment in the first abuse of economic dependence case in Belgium. As there is no equivalent prohibition in EU competition law, practitioners have been waiting for case law guidance on how to apply these conditions. However, it is questionable whether this first case provides such valuable guidance.

BCA and civil courts rule on interim measure requests in football industry
Belgium | 10 September 2020

As in many other European countries, the COVID-19 pandemic forced the Pro League – the Belgian professional football league – to set up an alternative arrangement for the end of the disrupted 2019-2020 football season. Subsequently, football clubs have challenged such decisions to prevent relegation or promotion. In this context, the Belgian Competition Authority and the civil courts recently had to rule on different interim measure requests in the football sector relating to competition law.

Does competition law allow competing researchers to collaborate on COVID-19-related R&D?
European Union | 23 April 2020

New vaccines, quick and trustworthy diagnostic tests and effective medicines are key to tackling the COVID-19 pandemic. The development of these products depends on pharmaceutical companies, R&D companies, research institutes and universities. However, one question remains: what are the competition rules regarding COVID-19-related R&D?

Healthcare & Life Sciences

Creation of loco-regional hospital networks exempt from merger control rules
Belgium | 19 May 2021

The new act of 29 March 2021 explicitly and generally exempts operations which create loco-regional hospital networks from the obligation to notify the Belgian Competition Authority (BCA). This new amendment might come as a surprise. It contradicts the BCA's July 2020 note, which reiterated that competition law rules concerning merger control fully apply to the creation of local hospital networks as required under the act of 28 February 2019.