Part II The Member State Reports on Transposition of the Directive, 3 Belgium
Edited By: Barry Rodger, Miguel Sousa Ferro, Francisco Marcos
- Infringement cases — Damages — Application of EU competition rules — Jurisdictions — State and competition law
This chapter examines the transposition of the Antitrust Damages Directive in Belgium. It first considers the transposition procedure, noting Belgium’s Act of 6 June 2017 inserting a Title 3 ‘The action for damages for infringements of competition law’ into Book XVII of the Code of Economic Law, and the role of the Belgian Competition Authority. It then provides an overview of the substantive and temporal scope of the new rules of Book XVII, Title 3 of the Code of Economic Law before discussing terminological differences between the Directive and its transposition. It also explains how the transposition of the Directive facilitates access to documents, and goes on to analyse the effect of decisions of competition authorities, time-barring deadlines, solidary liability, passing-on of overcharges, presumption and quantification of damage by cartels or other antitrust infringements, consensual dispute resolution, collective redress for infringements of competition law, and parent company liability.