David Henry
Lawyer at the Brussels Bar — Partner
EU law · Competition · Merger control · Foreign subsidies
Compete.Don't collude.
- Arts 101 and 102 TFEU —
- Regulation (EC) No 139/2004 —
- Regulation (EU) 2022/2560 on foreign subsidies —
- Book IV of the Code of Economic Law —
- 11.09.2026: the BCA closes its review of Live Nation / Pukkelpop, a below-threshold deal —
In figures
02In figures
- 10%
- of worldwide turnover: cap on fines for competition infringements
- €100m
- combined Belgian turnover (with at least two parties at €40m each): Belgian filing threshold
- €500m€50m
- EU turnover and foreign financial contributions over three years: Foreign Subsidies Regulation filing thresholds
- 0
- threshold needed for an authority to review a below-threshold deal: Towercast, CJEU, 16 March 2023
03Filing thresholds
Do you need to file?
Enter turnover in € million. The calculation stays in your browser: nothing is stored or sent.
Result
EU Merger Regulation (139/2004)
Threshold not met
Belgian merger control (Book IV CEL)
Threshold not met
Foreign subsidies (2022/2560)
Threshold not met
Indicative only. Not a substitute for legal analysis.
04Trade associations
The agenda
Most cartels don't start with an agreement. They start with an agenda.
Trade association — Board meeting
Agenda
OK · 01
OK · 02
OK · 03
Flag · 04
Exchange of sensitive information between competitors. Leave the meeting and have your departure recorded in the minutes.
Flag · 05
Future strategic information. Even raised under “any other business”, it can be enough for a concerted practice.
Hover over or select each item.
05Principle
Share the market with customers.Never with competitors.
06Dawn raids
Dawn raid: the first hour
Welcome the inspectors; check their identity and the inspection decision or warrant.
Call your lawyer. Inspectors are not required to wait, but a reasonable delay is often granted.
Assign one person to each inspector. Destroy nothing, move nothing, alert no third party.
Copy everything they copy. Identify documents covered by legal professional privilege.
Answer factual questions. Do not speculate.
07What we do
What we do
- 01
Merger control
EU and Belgian filings, Towercast analysis, commitments.
- 02
Foreign subsidies
Mapping of foreign financial contributions, FSR filings, public procurement.
- 03
Cartels and concerted practices
Audits, trade associations, information exchanges, leniency.
- 04
Abuse of dominance
Pricing, exclusivity, refusal of access, defence.
- 05
Distribution and franchising
Vertical Block Exemption Regulation (EU) 2022/720, online sales, resale prices.
- 06
State aid
Qualification, notification, recovery.
- 07
Inspections and proceedings
Preparation, on-site assistance, appeals.
- 08
Damages actions
Directive 2014/104/EU, Book XVII of the Code of Economic Law.
- 09
Sport and competition
Federation rules after Superleague (C-333/21) and Diarra (C-650/22).
08Who handles it
Who handles it
Youssef Rajouai
Lawyer at the Brussels Bar — Partner
09
Frequently asked questions
My deal is below the thresholds. Am I safe?
Not necessarily. Since the Towercast judgment, a national authority may review a below-threshold deal under the abuse-of-dominance rules. The Belgian Authority has done so several times, including in 2026.
Is any exchange of information with a competitor prohibited?
No, but exchanging strategic information (future prices, capacity, commercial strategy) is in principle prohibited. The setting, frequency and aggregation of the data are decisive.
What is the fine for an infringement?
Up to 10% of worldwide turnover, before the Commission as before the Belgian Authority, not counting damages actions brought by victims.
Can I prohibit my distributors from selling online?
In principle, no. Regulation (EU) 2022/720 strictly limits restrictions on online sales.