On 21 April 2015, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la concurrence) ("BCA") published its enforcement priorities for the year 2015.
In essence, the BCA uses criteria similar to those set out by the Office of Fair Trading (OFT), the former UK competition authority, in its 2008 Prioritisation Principles to determine whether a case should be investigated or prosecuted:
- The (direct and indirect) impact of the possible infringement on consumer welfare;
- The strategic significance of the case for the BCA, in view of the sector affected or the opportunity to clarify the interpretation of competition law;
- The risk that the investigation will not lead to a successful outcome; and
- The resources required to initiate or pursue an investigation.
In addition, the BCA lists a number of "strategic priorities and priority sectors for 2015":
- Liberalised sectors and network industries, especially energy and telecommunications: the BCA specifies that it finds the competition dynamics on the mobile and fixed telephony markets to be different, and it adds that it will have "a specific focus on the less dynamic markets".
- The distribution sector and its links with the suppliers (for instance in the agri-foodstuffs industry), in light of a current investigation and of a study on prices in supermarkets in neighbouring countries.
- The sector of e-commerce and media: the BCA wants to focus on consumers' access to content, regardless of the technological medium used. The BCA also announces that it will use its advisory powers to raise awareness on "possible regulations which would impede the arrival or development of new entrants".
- The banking sector, in light of the infringements revealed by the investigations of other competition authorities and of the priority given to this sector by the European Commission.
- Services to undertakings (and consumers): the BCA intends to keep applying competition law to associations of undertakings whenever necessary and to call for the suppression of barriers to entry relating to the legal form of undertakings.
- The public procurement sector: the BCA notes that this sector amounts to 10-15% of national income and is particularly vulnerable to anti-competitive agreements, since quantities are set by the contracting authority regardless of prices.
The BCA also announced that, given its limited staff, it will focus this year on anti-competitive agreements, since they significantly harm price competition and innovation on the market.
Finally, it should be borne in mind that the above enforcement priorities are only indications of the BCA's policy and do not limit the competence of the BCA to investigate other sectors or practices.
