Companies and business associations operating in a priority sector should anticipate increased scrutiny by the Belgian Competition Authority (BCA, or Authority), which has published its annual paper setting out its policy priorities. This year, the BCA has introduced a new layout, while retaining the core structure of its paper, which presents a two-part overview: (i) it indicates the sectors in which it will be being particularly vigilant, and (ii) it outlines its strategic projects and areas for action.
Five priority sectors
The BCA is identifying five priority sectors this year, which broadly align with the priorities policy it adopted last year: (1) the agri-food value chain; (2) healthcare; (3) basic services; (4) digitisation of the economy and telecommunications; and (5) – new this year – the construction sector. The BCA selects its priorities based on where its actions are reckoned to have the most significant impact, considering the resources required to achieve successful outcomes. The analytical framework for determining priority matters is detailed in the annex to the priority paper.
The fact that the BCA identifies priority sectors does not mean that other sectors are exempt from competition enforcement; the BCA may still of course initiate proceedings outside these priority areas.
In the agri-food value chain, the Authority is currently conducting a number of investigations, including into abuse of dominance, abuse of economic dependency, and restrictive agreements. For instance, it recently declared binding the commitments offered by Belgapom, a trade association, regarding the operation of a price index system in the potato sector. The Authority is also continuing to exercise vigilance regarding further consolidation in the value chain and is attentive to the challenges faced by the sector in transitioning to sustainability.
In the construction sector, the BCA is focusing on competition across the entire supply chain. Key themes include the recharging of major input items (such as energy and raw materials), public procurement, and further consolidation. In highly concentrated segments with significant barriers to entry and few alternatives for buyers, switching to other materials poses greater challenges, and further limits buyer power.
The BCA is continuing to prioritise healthcare, including the pharmaceutical sector. It aims to ensure that the sector continues to operate efficiently despite robust regulation, with incentives for quality and affordable care. Specifically, the BCA will be continuing to monitor the entire pharmaceutical value chain, paying particular attention to the consolidation of pharmacy networks and the impact that has on accessibility, product range, and service provision. Earlier this year, it approved the acquisition of Goed pharmacies by Multipharma, subject to commitments. In that particular case, the BCA was able to acquire considerable market knowledge.
Regarding basic services, the BCA is closely monitoring the workings of the financial and legal regulated professions and of the energy sectors. While the Authority embraces the need for regulation, it also appreciates that the rules can end up hindering how markets function. The BCA is recommending that market and professional regulations be reviewed in cases where they are excessively restrictive, or even disruptive, and is aiming to reduce information asymmetry and mobility barriers for consumers. Additionally, the Authority is continuing to keep a watchful eye on competition in the energy sector and in government-funded services, such as public transport and security, in which it is focusing on efficiency, price pressures, and support for the energy transition.
Finally, the BCA considers digitisation of the economy to be a top priority, with the focus on the activities of local players. It is carrying forward its policy from previous years: ensuring fair competition within digital platforms; AI development and after-sales services; with the aim of preventing the abuse of dominant positions and of economic dependency. Furthermore, it is monitoring application of the European Digital Markets Act (DMA) to stimulate innovation in the digital sector. In that context, late last year, the Authority published A short guide for tech challengers, which discusses the various obligations of so-called “gatekeepers” (large platforms that control access to digital markets), and indicates where and how affected companies can report non-compliance with the DMA rules. In the course of 2025, the BCA will publish a more detailed exposition of its enforcement policy in the digital sector. The telecommunications sector also remains important, with attention there being paid to infrastructure rollouts (such as fibre optics and 5G), price developments and market access. Given the new President’s extensive experience at the telecom regulator, this focus comes as no surprise.
Strategic projects and action points
Besides the priority sectors, the BCA has also set down a number of strategic projects and areas for action in 2025. There is much to look forward to.
For starters, the Authority has announced that 2025 will see it actively utilising its powers to conduct general or sectoral investigations in the case of market failures (pursuant to article IV.47 of the Economic Law Code). It has already launched its first, general, investigation into sectoral price indexation mechanisms in the Belgian economy (see our contribution).
Next, the BCA is preparing three highly anticipated policy guidelines. These will address competition law topics relating to sustainability, digital policy strategy, and employee mobility (including the use of non-solicitation clauses).
Third, the BCA is developing an enforcement strategy to effectively combat bid rigging – collusion in public procurement – given its importance to the European economy, and in ensuring fair competition. In this context, the BCA reminds us that it will take a strict stance when acting against infringements, as has been evidenced by the fines it has recently levied in the private security and fire protection sectors. Moreover, the existing BCA guidance on bid rigging will be getting an update, and the Authority is working on an outreach policy to support those who work in procurement so they’re better able to recognise and report suspicious practices. This has been a longstanding ambition of the BCA, and it now seems to be gathering momentum.
Fourth, the BCA is aiming to strengthen the legal framework in 2025, with particular focus on merger control. This includes reworking the merger notification form, reviewing merger procedures, and examining whether a "call in" power should be instituted for the purposes of scrutinising transactions that fall below the notification thresholds (see our contribution).
Finally, in consultation with the federal government, the BCA is considering whether to introduce a "New Competition Tool" into Belgian law, allowing it to propose remedial measures in the wake of sectoral or general market investigations. Such an instrument, which would be ideal for investigations like the one already cited, into price indexation mechanisms, would be all the more effective if it also made it possible to also impose binding remedies, which is not currently an option in Belgian law.
In sum
The BCA's 2025 priorities paper is demonstrative of the Authority’s desire to position itself ever more proactively and strategically within the Belgian economic landscape. Businesses would do well to take heedful note of the BCA's augmented vigilance in the relevant key sectors. In particular, they should be mindful of the Authority's increased use of general investigations and new policies to focus on structural market issues. Accordingly, it is crucial for businesses to evaluate critically their market behaviour and forms of cooperation, especially in sectors where consolidation or digitisation are prevalent, or in those comprising practitioners of a regulated profession.
