Competition Authority Sets Out Key Priorities For 2022

• Published date: 23 June 2022
• Subject Matter: nti-trust/Competition Law, Antitrust, EU Competition
• Law Firm: Bird & Bird
• Author: Mr Hein Hobbelen and Samuel Berneman

On 12 May 2022, the Belgian Competition Authority ("BCA") published its Priority Policy Note for the year ahead (available in French and Dutch).

Year-in-review: continued impact of Covid-19, energy crisis, and the war in Ukraine

The BCA acknowledges that the Belgian economy has continued to suffer from the consequences of the Covid-19 pandemic in 2021. The crisis and accompanying restrictive measures have impacted various industries, with contact-intensive services among the hardest hit. In addition, the BCA states that the Belgian economy has been shaken up by exceptional surges in energy prices since the 2nd half of last year, particularly affecting the competitive landscape in energy-intensive industries. The economic repercussions resulting from Russia's invasion of Ukraine have further exacerbated the current economic context, according to the BCA, putting a further strain on various industries already facing unprecedented difficulties.

Strategic Priorities for 2022

A first priority for the BCA is the practical implementation of Belgium's law transposing the ECN+ Directive, which entered into force on 17 March 2022. We highlighted some of the key changes introduced by the implementing law in our newsletter earlier this year. Like many other competition authorities in Europe, the implementation of the ECN+ Directive has resulted in a fresh injection of much needed financial resources to better staff the authority and increase its technical capabilities. In terms of additional financial resources, the BCA was granted a significant budget increase of EUR 1.4 million, adding 20% to its total budget.

As a second item of strategic priority, the BCA will focus on the sectors that have been most affected by the pandemic. The BCA will keep a close eye on the impact the crisis has on competition in the distribution markets, the agri-food value chain, financial services, and the healthcare sector (including the distribution of medicines, vaccines, and medical equipment).

A third strategic item on the BCA's agenda is the continued support of efforts (e.g. in the Netherlands and at European Commission level) in applying and developing competition policy to promote a...