Skip to content

Private antitrust litigation on the rise in Belgium

Related people
Image of Tom Schoors
Tom Schoors

Managing Partner Belgium

Antwerp

View profile →

Rasking Lauren
Lauren Rasking

Senior Associate

Brussels

View profile →

27 September 2018

Although recent legislative changes have not removed all obstacles, more claimants are bringing private enforcement actions before the Belgian courts. In particular, the number of follow-on actions for cartel infringements is steadily increasing. 

With the transposition of Directive 2014/104/EU (Damages Directive) into Belgian law in 2017, the Belgian legislator introduced significant changes to facilitate private enforcement actions in Belgium. Belgian law now encourages such actions, in particular by easing the claimants’ burden of proof and by facilitating access to evidence. At the same time, the scope of the Belgian class action regime was extended to include infringements of competition law. This change also aims to increase the role of Belgian courts in the development of private antitrust litigation. 

In this article, Tom Schoors and Lauren Rasking take an in-depth look at the applicable regime for private antitrust litigation in Belgium. 

This was first published by Law Business Research Ltd. as part of a wider publication entitled “Getting The Deal Through: Private Antitrust Litigation 2019”.​

​​​​​​​