Law On The Integration Of Book Iv 'protection Of Competition' And Book V 'competition And Price Developments' In The Code Of Law Economic And On Insertion Of Book Iv And Book V Definitions And Provisions For The App

Original Language Title: Loi portant insertion du livre IV « Protection de la concurrence » et du livre V « La concurrence et les évolutions de prix » dans le Code de droit économique et portant insertion des définitions propres au livre IV et au livre V et des dispositions d'app

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013011190&caller=list&article_lang=F&row_id=1200&numero=1279&pub_date=2013-04-26&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-04-26 Numac: 2013011190 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy April 3, 2013. -Law on the integration of book IV 'Protection of competition' and book V 'competition and price developments' in the Code of law economic and bearing insert book IV and book V definitions and enforcement provisions in book IV and the V book, in book I of the Code of economic law (1) ALBERT II , King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -The Code of economic law art. 2. in book I, Chapter 2, of the Code of economic law, there shall be inserted a chapter 2 as follows: "Chapter 2. -Special book IV article definition I.6. the following definition is applicable to book IV:-dominant position: position allowing a company to impede the maintenance of effective competition by providing the possibility of independent behaviors to an appreciable extent towards its competitors, customers or suppliers. » Art. 3. in book I, Chapter 2, of the Code of economic law, there shall be inserted a chapter 3 as follows: "Chapter 3. -Special book V. Article definitions I.7. the following definition is applicable to book V:-Observatory of prices: the institution responsible for establishing the observations and analyses referred to in article 108, i), of the Act of 21 December 1994 amending of social and various provisions.
» Art. 4. in the same Code is inserted a book IV, as follows: "book IV.
-Protection of competition title 1. -Rules on competition section 1. -Restrictive competition practices art. IV.1. § 1.
Are prohibited, without requiring a prior decision necessary to this effect, all agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect to prevent, restrict or distort appreciably competition on the relevant Belgian market or in a substantial part of it and especially those which involve: 1 ° directly or indirectly fix purchase or sale or other conditions of transaction prices;
2 ° limit or control production, markets, technical development or investment;
3 ° allocating markets or sources of supply;
4 ° with respect to trading partners, apply dissimilar conditions to equivalent benefits thereby inflicting a competitive disadvantage;
5 ° make the conclusion of contracts to the acceptance, by the partners, additional benefits which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
§ 2. The agreements or decisions prohibited pursuant to this article are void.
§ 3. However, the provisions of paragraph 1 shall not apply: 1 ° any agreement or category of agreements between undertakings, 2 ° to any decision or category of decisions by associations of undertakings, and 3 ° any concerted practice or category of concerted practices which contribute to improving production or distribution or to promoting technical or economic progress or allowing small and medium-sized companies to strengthen their competitiveness on the market concerned or the international market (while allowing consumers a fair share of the resulting benefit and without however: a) impose on the undertakings concerned restrictions which are not indispensable to achieve these objectives;
b) give these companies the possibility, for a substantial part of the products in question to eliminate the competition.
§ 4.
It is forbidden to persons to negotiate in the name and on behalf of a company or an association of undertakings with competitors or agree with them: has) set the selling prices of products or services to third parties;
(b) to limit the production or sale of products or services;
(c) to award contracts.
S. IV.2. forbidden is, without requiring a prior decision to that effect, the fact one or several undertakings to exploit abused a dominant position on the relevant Belgian market or in a substantial part of it.
These abusive practices may include: 1 ° to impose directly or indirectly of unfair purchase or sale or other conditions of transaction prices;
2 ° limiting production, markets or technical development to the prejudice of consumers;
3 ° apply to trading partners dissimilar conditions to equivalent transactions, thereby inflicting a competitive disadvantage;
4 ° make the conclusion of contracts to the acceptance by partners, supplementary benefits, which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
S. IV.3. the practices referred to in article IV.1, § 1, and in article IV(2) are referred to as hereinafter restrictive competition practices.
S. IV.4. the prohibition of article IV.1, § 1, does not apply to agreements, decisions by associations of undertakings and practical concerted for which article 101, paragraph 3, TFEU has declared application by a regulation of the Council of the European communities or a regulation or a decision of the European Commission.
The prohibition of article IV.1, § 1, does not apply to agreements, decisions by associations of undertakings and concerted practices that do not affect trade between Member States or that do not restrict, prevent or does not distort competition in the common market and which would have benefited from the protection of a regulation referred to in paragraph 1, in the case where they would have affected this trade or restricted prevented or distorted competition.
The prohibition of article IV.1, § 1, does not apply to categories of agreements, decisions by associations of undertakings and concerted practices falling within the scope of a royal decree taken in application of article IV.5.
S. IV.5. § 1. The King may, after consultation of the Committee referred to in article IV.39 competition and the Belgian competition authority, declare by order that section IV.1, § 1, shall not apply to categories of agreements, decisions and concerted practices.
The order is motivated. It is deliberated by the Council of Ministers when it deviates in the opinion or the request of the Belgian competition authority.
§ 2. The royal decree includes a definition of the categories of agreements, decisions and concerted practices to which it applies and stipulates: 1 ° the restrictions or clauses which may not be included;
2 ° the clauses which must be contained or the other conditions which must be satisfied.
This royal decree is taken for a limited period. It may be repealed or amended where circumstances have changed with respect to an element that was essential to stop it; in this case, transitional measures to the agreements, decisions and concerted practices referred to in the previous decree are planned.
CHAPTER 2. -Concentrations s. IV.6. § 1. For the purposes of this book, a concentration is implemented when a sustainable change of control results: 1 ° of merging two or more previously independent undertakings or parties such undertakings;
or (2) of the acquisition, by one or more persons already controlling a company or by one or more undertakings, direct or indirect control of the whole or parts of one or more other undertakings, whether through equity participation in the capital or purchase of assets, contract or any other means.
§ 2. The creation of a joint venture performing on a lasting basis all the functions of an autonomous economic entity constitutes a concentration within the meaning of paragraph 1, 2 °.
§ 3.
For the purposes of this book, control constituted by rights, contracts or other means which confer only or jointly and taking into account the considerations of fact or law, the possibility of exercising decisive influence on an undertaking and in particular: 1 ° the rights of property or use all or part of the property of a company;
2 ° the rights or contracts which confer a decisive influence on the composition, deliberations or decisions of the organs of an undertaking.
§ 4. Control is acquired by the person or undertaking who: 1 ° are holders of these rights or beneficiaries of these contracts; or 2 ° are not holders of these rights or beneficiaries of these contracts, have the power to exercise the rights deriving therefrom.
§ 5. A merger operation within the meaning of paragraph 1 is not fulfilled: 1 ° when credit institutions, other financial institutions or insurance, including normal activity includes the transaction and the negotiation of financial instruments on own account or for hire or reward, hold temporary interests that they have acquired in a company for resale, for as much as they have no voting rights attached to such holdings to determine the competitive behaviour This undertaking or provided that they exercise such voting rights only to prepare the realization of

all or part of this company or its assets or the realization of these investments and that this realization occurs within a period of one year from the date of acquisition, this period being two years when holdings were acquired in representation of doubtful debts or overdue.
2 ° where control is acquired by a judicial agent or public, by virtue of a judicial decision or another forced liquidation procedure;
3 ° when the operations referred to in paragraph 1, 2 °, are carried out by the financial holding companies referred to in article 5, 3, of the Fourth Directive 78/660 / EEC of 25 July 1978 based on article 54, paragraph 3, point g) and the Treaty on the annual accounts of certain types of companies, under the restriction however that the voting rights attached to held participations are exercised notably through the appointment of the members of the organs of management and monitoring of companies they hold stakes, than to save the full value of those investments and not to determine directly or indirectly the competitive conduct of these companies.
S.
IV.7. § 1. The provisions of this chapter apply when the undertakings concerned have scored together in Belgium a turnover, determined in accordance with the criteria referred to in article IV.8, more than EUR 100 million, and that at least two of the undertakings concerned realize each in Belgium a turnover of at least EUR 40 million.

§ 2. The King may, by Decree deliberated in the Council of Ministers, and after consultation of the Belgian authority of competition and the competition referred to in article IV.39 Commission increase the thresholds referred to in paragraph 1.
§ 3. Every three years, the Belgian competition authority makes an assessment of the thresholds referred to in paragraph 1, taking into account inter alia the economic impact and the administrative burden for businesses.
S.
IV.8. § 1. Referred to in article IV.7 turnover is the total turnover in the preceding business year in Belgium. It means within the meaning of the Code of corporations, book IV, title VI relating to the consolidated annual accounts of enterprises.
§ 2. By way of derogation from paragraph 1, where a concentration consists in the acquisition of parts - licensed or non-legal pesonnalite - one or more companies or a group of undertakings, only the turnover relating to the parts which are the subject of the transaction is taken into consideration in the head of the transferor.
However, two or more transactions referred to in paragraph 1, which take place over a period of two years between the same persons or undertakings, are to be regarded as a single operation of concentration arising on the date of the last transaction.
§ 3. Turnover is replaced: 1 ° for the credit institutions and other financial institutions, the sum of the following income items, described in the royal decree of 23 September 1992 on the annual accounts of the credit institution, reduced by the tax on value added and other taxes directly related to such products: has) interest receivable and similar income;
(b) income from securities:-income stock, shares and other variable income securities;
-income from shareholdings;
-income from shares in affiliated undertakings;
(c) commissions charged;
(d) net profit from financial operations;
(e) other operating income.
The turnover of a credit institution or to a financial institution in Belgium includes positions products, defined above, the branch or division of the said establishment, established in Belgium.
2 ° for insurance undertakings, by the value of gross written premiums include all amounts received and receivable in respect of insurance contracts established by them or on their behalf, including premiums ceded to reinsurers and after deduction of taxes or parafiscal charges levied on the basis of the amount of premiums or the total volume of it. Account shall be taken of gross premiums paid by residents in Belgium.
§ 4. With regard to the application of article IV.7, and without prejudice to paragraph 2, the turnover of each undertaking is the result of the sum of turnover of all undertakings belonging to the same group.
Are considered as belonging to the same group, related businesses within the meaning of the companies Code, book IV, title VI relating to the consolidated annual accounts of enterprises.
§ 5. For public companies referred to in article IV.12, turnover to be taken into consideration is that of all the companies that constitute an economic unit with an independent power of decision, irrespective of the ownership of their capital or administrative supervision rules that apply to them.
S.
IV.9. § 1. Of concentrations are subject to the prior approval of the Belgian competition authority, which establishes whether they are or are not eligible.

§ 2. To take the decision referred to in paragraph 1, account shall be taken: 1 ° of the need to preserve and develop effective competition in the national market in regard to the structure of all the markets concerned and actual or potential competition from companies located inside or outside the Belgian territory;
2 ° of the market position of the undertakings concerned and their economic and financial power, choice of suppliers and users, their access to supplies or opportunities, the existence of legal or factual obstacles to entry into the market, the evolution of the offer and demand for the goods and services concerned, the interests of intermediate and ultimate consumers and the development of technical and economic progress provided that it is to the advantage of consumers and does not constitute an obstacle to competition.
§ 3. Concentration operations that do not have for consequence of significantly impede effective competition in the Belgian market or a substantial part of it, including by the creation or strengthening of a dominant position, shall be declared eligible.
§ 4. Concentration operations that have the effect of significantly impede effective competition in the Belgian market or a substantial part of it, including by the creation or strengthening of a dominant position, shall be declared inadmissible.
§ 5. Insofar as the creation of a joint venture constituting a merger within the meaning of article operation IV.6, § 2, have as their object or effect the coordination of the competitive behaviour of undertakings that remain independent, such coordination is appreciated according to the criteria of article IV.1, to establish whether or not the operation is eligible.
In this assessment, account is taken in particular: 1 ° of the significant simultaneous presence of two parent companies or more on the same market as that of the joint venture, in a market upstream or downstream of this market or a market closely related to this market;
2 ° of the possibility given to the undertakings concerned by their coordination resulting directly from the establishment of the joint undertaking to eliminate competition for a substantial part of the goods and services in question.
S. IV.10. § 1.
The concentrations referred to in this book are notified to the auditor-general of the Belgian competition authority prior to their implementation and following the conclusion of the agreement, the publication of the offer to purchase or Exchange, or the acquisition of a controlling interest. The parties may, however, notify a draft agreement, provided that they declare explicitly that they intend to conclude an agreement which differs significantly from the notified project with regard to all the relevant points of the competition law. In the case of a public offer of purchase or Exchange, the parties may also notify a project when they have publicly announced their intention to make such an offer.
§ 2. Concentrations which consists of a merger within the meaning of article IV.6, § 1, 1 °, or in the acquisition of joint control within the meaning of article IV.6, § 1, 2 °, shall be notified jointly by the parties to the merger or the acquisition of joint control. In all other cases, the notification shall be submitted by the person or company that acquires control of the whole or a part of one or more undertakings.

§ 3. A concentration is notified in Dutch or in french, at the choice of the notifying parties.

§ 4. The terms of the notifications referred to in paragraph 1 are laid down by the King. The Belgian competition authority may establish specific rules for the simplified notification.

§ 5. As long as the College of competition has not made a decision on the admissibility of the concentration, the undertakings concerned can implement the concentration.
§
6. Paragraph 5 however shall not preclude the realization of a tender offer or Exchange or by which control within the meaning of article IV.6 is acquired through several vendors through a series of transactions in financial instruments, including those which are convertible into other financial instruments admitted to trading on a market such as a

Stock Exchange, provided: 1 ° that the concentration is notified forthwith to the auditor general pursuant to this article, and 2 ° that the purchaser does not the voting rights attached to the relevant financial instruments or do exercises them to safeguard the full value of its investment and on the basis of a derogation granted by the president of the authority of Belgium's competition in accordance with paragraph 7.
§ 7. Without prejudice to the provisions laid down in paragraph 6, the president may, at any time, on request of the parties, grant a derogation to the obligation laid down in paragraph 5. In this case, the president asked that the listener files, within two weeks of the filing of the application, a report stating the evidence necessary to the decision-making referred to in this paragraph.
§ 8. The president may attach its decision conditions and loads.
S. IV.11. the concentrations that are subject to the supervision of the European Commission, including those that are referred to it under article 22 of Regulation (EC) No 139/2004 of the Council of the European Union, of 20 January 2004 on the control of concentrations between undertakings are not subject to the control by this book.
Nevertheless, are subject to the control established by this book, the concentrations referred to the Belgian competition authority by the European Commission in application of articles 4, paragraphs 4 and 5, and 9, first subparagraph, of Regulation (EC) No 139/2004 of the Council of the European Union, of 20 January 2004 on the control of concentrations between undertakings. In these cases, the parties again notify the concentration to the auditor general in accordance with article IV.10.
CHAPTER 3. -Business public art.
IV.12. public undertakings and undertakings to which the public authorities grant special or exclusive rights are subject to the provisions of this book to the extent where this application does not obstruct, in law or in fact, the particular tasks that assigned them by or under the Act.
CHAPTER 4. -Measures or decisions of a State foreign art.
IV.13. unless exemption in cases established by the King, it is prohibited to any person residing on Belgian territory or having its seat or establishment, to comply with the actions or decisions of a foreign State or agencies thereof relating to rules on competition, economic power or restrictive business practices in the field of international carriage by sea and air.
The King determines the acts covered by this provision to ban.
At the request of the parties concerned, the exemption may be granted by the Minister having the economy in charge and where appropriate be subject to specified terms.
S. IV.14. any injunction or any claim based on measures or decisions referred to in article IV.13 must be communicated, within fifteen days, to the Minister or his delegate.
S. IV.15. without prejudice to articles IV.13 and IV.14 and exceptions it determines, the King may, by Decree deliberated in the Council of Ministers, and after consultation with the Belgian authority of competition and the competition Commission, take measures to prohibit companies to provide to a foreign State or an agency of the information or documents that have not been published and on their practices of competition.
TITLE 2. -Application of the law of competition Chapter 1.
-The Belgian Section 1st competition authority. -Organization Article IV.16. § 1. It is created a stand-alone service with legal personality, called "Belgian competition authority.
§ 2. The Belgian competition authority consists: 1 ° the president and the service of the president;
2 ° of the College of competition;
3 ° the Executive Committee;
4 ° the auditor's office, under the direction of the auditor general.

§ 3. The Belgian competition authority is competent for the application of articles 101 and 102 of the Treaty on the functioning of the European Union, referred to in article 35 of Regulation (EC) No 1/2003 of the Council of 16 December 2002 on the implementation of the rules on competition laid down in articles 101 and 102 of the Treaty on the functioning of the Union European (hereinafter TFEU).

§ 4. The King determines by order deliberated in Council of Ministers what human, logistic and material resources the federal public Service economy, SMEs, Middle Classes and energy, puts at the disposal of the Belgian competition authority. To this end, a contract for the provision of services will be concluded between the Belgian competition authority and the FPS economy.
§ 5. The King, by Decree deliberated in the Council of Ministers, determines the status of administrative and financial of the president, the assessor's Vice President and assessors who sit at the competition, the auditor general, the Director of College legal studies, the Director of economic studies and members of the staff of the Belgian authority of competition.
Sub-section 1. -President and the service of the president art. IV.17 § 1. The president of the Belgian competition authority (hereinafter "the Chairman") is appointed by the King, by Decree deliberated in the Council of Ministers, for a term of six years renewable only once.
President meets the missions that the present book, and in particular section 2 of this chapter, gives it. It can therefor delegate certain tasks to the assessor vice-president with respect to tasks of the College competition and, when it concerns other tasks, the Director of economic studies, to the Director of the legal studies and members of the staff of the Belgian competition authority.
§ 2. In order to be appointed president candidate succeeded the examination of professional competence to assess the maturity and capacity necessary for the exercise of the function concerned, including the terms and conditions and the program are set by the King. In addition, it provides proof of the experience useful for the exercise of the function. It must have a master's degree and possess a functional knowledge of the french, Dutch and English.
Where appropriate, the exercise of the function of president of the Belgian competition authority is considered to be a mission within the meaning of article 323bis, § 1, of the Judicial Code.
§ 3. The president is allowed to retire when a severe and permanent disability no longer allows him to properly perform its functions.
S. IV.18. the president may accept any statement during the decision-making in implementing the tasks conferred on him by this book and in particular section 2 of this chapter as well as the expression of opinions in the Affairs of the European Commission's competition concerning the application of articles 101 and 102 TFEU and Regulation (EC) No 139/2004 of the Council of 20 January 2004 on the control of concentrations between undertakings.
S. IV.19. the assessor vice-president replaces the president as president of the College of competition in the event of conflict of interest or motivated unavailability. Associate Vice President has, in the cases for which he is appointed as Chairman, same skills and duties that this book sets for the President.
In case of unavailability, the president is replaced as Chairman of the Executive Committee by the oldest Member present.
In the event of unavailability of the Associate Vice President and president, a third assessor is appointed and the oldest of the three assessors will sit as president of the College of competition.
S.
IV.20. § 1. The president is responsible inter alia: 1 ° to ensure the representation of the Belgium in the European and international organisations of competition for any discussion within the competence of the Belgian competition authority; and it participates in other discussions within the international and European institutions regarding legislation and the rules on competition policy;
2 ° to contribute for the FPS economy, Parliament, the Government or other bodies in the preparation and the assessment of competition policy in Belgium, to contribute to a better understanding of this policy, to conduct studies and to resolve informally issues and disputes relating to the application of the competition rules in the cases in which it has no formal statement as referred to in article IV.41 , § 1;
3 ° to contribute to the preparation of legislation and the Belgian regulations relating to the rules on competition and competition policy;
4 ° to represent the Belgian competition authority in proceedings referred to in articles IV.75 to IV.79.

§ 2. A service of the president is established within the Belgian competition authority. This service is headed by the President and consists of the Belgian competition authority staff members assigned to this service by the Executive Committee. It can also call for the exercise of the tasks referred to in paragraph 1, to the members of the auditor's office referred to in article IV.27, § 1, to a percentage of their time set by the Executive Committee.
Sub-section 2. -College of the arts competition IV.21. the College competition is making college which by case, is formed by the president to take the decisions referred to in section 2 of this chapter.
S. IV.22. § 1. The College of competition consists: 1 ° the president or the assessor vice-president;
2 ° two assessors

designated on the alphabetical list of assessors.
The appointment of assessors is made by alphabetical order in the lists referred to in paragraph 2, in turn taking into account the language of the proceedings.
Within the College of competition seat at least a lawyer with experience in dispute resolution; If possible a member at least has a diploma.
If a case cannot be attributed to an assessor vice-president or an assessor of the linguistic group corresponding to the language of the proceedings without creating a conflict of interest, the designation is made on the basis of the list of the other language group.
§ 2. Assessor vice-president, which is another role language that the President, and the assessors, with the maximum number of 20, are appointed for a renewable term of six years by the King by Decree deliberated in the Council of Ministers.
They are divided into two lists of the same number, in alphabetical order, according to the Dutch or french language group, determined by the language of the master's degree to which they belong.
On each list, graduates of the assessors will be mentioned.
§ 3. To be named Associate Vice President or assessor, the candidate must satisfy the conditions of appointments set for the president under section IV.17.
§ 4. Associate Vice President and assessors who sit in a case cannot accept any instruction during the decision-making in performing the tasks conferred on them by this book and in particular section 2 of this chapter.
Sub-section 3. -Of Arts Management Committee IV.23. the Steering Committee is responsible for the direction of the Belgian competition authority.
S. IV.24. § 1. It comprises: 1 ° the Chairperson;
2 ° the auditor general;
3 ° the Director of economic studies 4 ° of the Director of legal studies.
In the event of equality of votes, the president a casting vote.
§ 2. The Director of economic studies and legal studies Director are appointed by the King, by Decree deliberated in the Council of Ministers, for a renewable term of six years, on the basis of an examination of professional competence referred to in article IV.17.
S.
IV.25. the Steering Committee is responsible in particular:-the Organization and the composition of the service of the president and the Prosecutor's office.
-from the establishment of guidelines for the application of the competition rules;
-the drafting of an annual note in which the management priorities are established and communicated to the Minister;
-the drafting of the rules of procedure of the auditor who is approved by the King.
Subsection 4. -The auditor general's and the Prosecutor's office.
S. IV. 26. § 1. The auditor general is appointed by the King, by Decree deliberated in the Council of Ministers, for a renewable term of six years.
To be appointed auditor-general, the applicant must satisfy the appointment conditions laid down for the president under section IV.17.
Where appropriate, the exercise of the function of auditor-general of the Belgian competition authority is considered to be a mission within the meaning of article 323bis, § 1, of the Judicial Code.
§ 2. The auditor general fulfils the tasks that this book and the title 2, Chapter 1, section 2, in particular gives it.
It is responsible in particular: 1 ° to the direction of the auditor's office and coordination and the direction of instructions;
2 ° to receive the orders referred to in article IV.41, § 1, 3 °, and complaints regarding restrictive competition practices;
3 ° a statement opening in the cases referred to in article IV.41, § 1, and fixation of the order in which these cases are treated, after receiving the opinion of the Director of the economic studies;
4 ° to receive notifications of concentration;
5 ° to issue orders of mission when the members of the staff of the Belgian competition authority assist the officials of the European Commission during an inspection ordered by the European Commission in application of Regulation (EC) No 1/2003 on the implementation of the rules on competition laid down in articles 101 and 102 of the Treaty;
6 ° to ensure the implementation of the decisions taken by the College of competition and the Court of Appeal rules of competition.
§
3. In case of absence or impediment, the auditor general is replaced by the official of the oldest auditor's office or in the event of equal seniority, by the oldest.
§ 4. The auditor general is allowed to retire when a severe and permanent disability no longer allows him to properly perform its functions.
§ 5. The auditor general can accept no statement concerning a case during the decision-making in the tasks that this book and section 2 of this chapter in particular, confers.
S. IV.27. § 1. A Prosecutor's office shall be established within the Belgian competition authority.
The auditor's office is composed of the Belgian competition authority staff members affected by the Steering Committee for this service with the understanding that the president of the Belgian competition authority can appeal to them to the extent of the availability rate set by the Executive Committee.
§ 2. The auditor general means for each case the Belgian competition authority decides to treat in accordance with articles IV.26, § 2, paragraph 2, 3 °, and IV.41, § 1, and for each notification of concentration, a member of the staff of the auditor who is appointed as an auditor of the daily direction of education.
The auditor who is responsible for the daily management of a training team can receive instructions for the auditor general.
§ 3. The auditor general means for each case referred to in paragraph 2, a member of the staff of the Prosecutor's office team training under supervision and under the direction of the auditor who is responsible for the daily management of instruction.
The members of the auditor's office staff, who are part of a training team, cannot receive instruction about it that the auditor general or the auditor who is responsible for the daily management of instruction.
S. IV.28. Auditors referred to in article IV.27, § 2, which are responsible for the daily management of a statement fulfil the missions that the title 2, Chapter 1, section 2, gives them.
S. IV.29. for the completion of missions than the Act and, in particular, title 2, Chapter 1, section 2, gives the auditor's office, the auditor general means for each case the Belgian competition authority decides to treat in accordance with articles IV.26, § 2, paragraph 2, 3 °, and IV.41, § 1, and for each notified concentration, a cell composed of the auditor general, of the daily direction of education responsible auditor and another Member of the staff of the Prosecutor's office, which is not part of the training team.
S. IV.30. § 1. The auditor's office is loaded: 1 ° to eventually classify complaints;
2 ° from the application of section 2, subsection 4.
§ 2. Notwithstanding article IV.28, listeners are loaded: 1 ° to direct and organize the statement;
2 ° at the request of the natural or legal persons concerned or on their own initiative, to pronounce on the confidential nature of the data supplied to the Belgian competition authority or the Prosecutor's office during the procedure;
3 ° to prepare and submit the draft decision motivated the College of competition;
4 ° to issue the orders of mission, including those referred to in article IV.41, § 3, paragraph 8, except when the Belgian competition authority staff members assist the European Commission officials for an inspection ordered by the European Commission in application of Regulation (EC) 1/2003 on the implementation of the competition rules laid down in articles 81 and 82 of the Treaty;
5 ° to apply article IV.63.
§ 3. Listeners may perform all acts relating to the discharge of their duties, except those reserved by this book to the auditor's office.
S. IV.31. the auditor's office is assisted by a secretariat.
The secretariat is also responsible for the tasks of a registry for all the procedures before the College of competition and the president.
Sub-section 6. -Professional secrecy and immunity s. IV.34. the president, the members of the College of competition, the auditor general, the directors of the economic and legal studies and the other members of the staff of the Belgian authority of competition, as well as any other person working under their authority, are subject to professional secrecy and shall not disclose, without prejudice to the provisions of subsection 10 of section 2 and the Royal Decrees under article IV.43 , paragraph 2, to any person or authority whatsoever, the data and confidential information of which they have knowledge by reason of their duties, except in the case where they are called to testify in court.
They can use these data and information for the purposes for which they were collected.
S. IV.35. the obligation set out in article IV.34 applies also to the representatives of the Belgian authority of competition and the experts who participate in the meetings of the Advisory Committee referred to in article 14 of Regulation (EC) No 1/2003 of the Council of 16 December 2002 on the implementation of the rules on competition laid down in articles 101 and 102 TFEU and article 19 of Regulation (EC) No 139/2004 of the Council of 20 January 2004 on the control of concentrations between undertakings.
S. IV.36. president, Associate Vice President, assessors who sit

in a case, the auditor general, the directors of economic and legal studies and members of the staff of the Belgian competition authority granted in the exercise of their function as the same immunities as agents of the State.
Sub-section 7. – Incompatibilities art. IV.38. the president, the vice-president assessor or assessors who sit in a case, the auditor general, the directors of the economic and legal studies and members of the staff of the Belgian competition authority, and any person working under their authority, cannot assume the defense to interested parties, either verbally or in writing, nor give them consultations.
President, the auditor general, the directors of the economic and legal studies and members of the staff of the Belgian competition authority and any person working under their authority, may: 1 ° make arbitration paid;
2 ° either personally or per person proxy, exercise any kind of trade, be business agent or participate in management, administration or supervision of commercial companies or industrial or commercial establishments.
Subsection 8. -Of the Commission of the arts competition IV.39. There is hereby established within the central Council of the economy, a joint consultative commission called competition Commission and with competence of the opinion on general matters of competition policy, it carries on its own initiative or at the request of the Minister.
S. IV.40. the King determines the composition and operation of the Commission of competition as well as its secretariat.
The president, members and their alternates are appointed by the Minister.
The King fixed also by Decree deliberated in the Council of Ministers the amount of allowances allocated to the president and the members of the Commission as well as to anyone called to collaborate with the Commission.
Section 2. -Procedures subsection 1. -Procedure of statement art. IV.41. § 1. The statement of affairs, as referred to in article IV.27 is: 1 ° at the request of the interested parties referred to in article IV.10 in the case of a notified concentration;
2 ° ex officio or on complaint of a physical or legal person demonstrating a direct and present interest in the case of an offence under articles IV.1, § 1, IV.2 and IV.10, § 1, or in the event of failure to comply with a decision taken under articles IV.10, § 7, IV.48, IV.49, IV.61 or IV.62;
3 ° upon request or at the behest of the Minister;
4 ° at the request of the Minister of the Middle Classes, of a public body or other specific public institution, responsible of the control or supervision of an economic sector in the case of an offence under section IV.1, § 1, or article IV.2 article IV.10, § 1;
5 ° ex officio or at the request of the Minister for a royal order of exemption by category of agreements, decisions and concerted practices on the basis of article IV.5.
§ 2. In the performance of the tasks assigned to them, listeners can collect all necessary information with businesses and business associations. They shall specify the period within which these information shall be communicated to them.
When listeners addressed a request for information to an undertaking or an association of undertakings, they indicate the legal basis and the purpose of their request.
If a company or an association realizing does not provide the information within the time limit set by the auditor or where it provides incomplete, inaccurate or distorted way, the listener may require information by reasoned decision.
This decision specifies the information required and fix the time limit within which the information shall be provided. When the decision to request for information is sent to one of the notifying companies, it also suspends the periods referred to in article IV.61 until the day of the supply of information or no later than the day of the expiry of the deadline set by the listener.
The auditor shall notify its decision to undertakings of which details are required.
§ 3. Without prejudice to the powers of the local and federal police police officers, auditors and members of the staff of the Belgian competition authority commissioned by the Minister are competent to find infringements of this book and to see these offences in the minutes authentic until evidence to the contrary.
They are also competent to find any useful information and to make any necessary findings for the purposes of sections IV.6, IV.7, IV.9, IV.10 and IV.11.
They collect all information, receive all depositions or all evidence written or oral, are communicating, regardless of the holder, any documents or pieces of information they consider necessary for the discharge of their duties and which they can take copies and carry out on-site necessary findings.
They can conduct searches on the premises, means of transport and other places of business where they have reason to believe that they will find documents or pieces of information they deem necessary for the accomplishment of their mission and they can take copies, as well as the home of the heads of enterprise, administrators, managers, directors, and other members of the staff as well as in the home and in the premises of the natural or legal persons internal or external, commercial, accounting, administrative, fiscal and financial management, between 8 and 18 hours, and with the prior permission of an investigating judge.
In the performance of their mission, they may enter on-site and affix seals for the duration of their mission and to the extent where it is necessary for the purposes thereof, but shall not exceed 72 hours in premises other than those of the undertakings or associations of undertakings. These measures are recorded in minutes. A copy of this record is given to the person who is the object of these measures.
In the performance of their mission, they may require the public force.
To perform a search, seizure or sealing of, members of staff of the Belgian competition authority referred to in paragraph 1 must also carry a specific mission order issued by the auditor. This order specifies the object and the purpose of their mission.
The auditor general can commit experts which it determines the mission.
§ 4. Notwithstanding the special laws that guarantee the secrecy of statements, public administrations assist Auditors in carrying out their mission.
§ 5. In the exercise of their mission statement, auditors, members of the staff of the Belgian competition authority and any person working under their authority in their instructions conform to: 1 ° the hearing of persons, the provisions of article 31, paragraph 3 except, of the Act of 15 June 1935 concerning the use of languages in judicial matters;
2 ° the drafting of notices, minutes and reports, to the provisions of section 11 of the Act. When several people are the subject of the statement, the draft decision of the auditor referred to in article IV.42, § 5, will be drafted in the language of the majority established taking into account the provisions of article 11. In the event of parity, it will be made use of one of the commonly used languages in Belgium according to the needs of the cause.

§ 6. Before transmitting the President draft reasoned decision referred to in articles IV.42, § 5, IV.58, § 4, or IV.62, § 2, the auditor establishes a trial record containing all documents and data gathered during the investigation and that it establishes an inventory, and decides on their privacy.
The confidential nature of the data and documents is determined in respect of each natural or legal person who learns about draft reasoned decision.
The auditor establishes a procedure file that contains only the documents and data upon which the auditor or the internal auditor relies in its reasoned decision. The classification of privacy attributed to these parts is attached. The record of proceedings is filed together with the draft reasoned decision.
§ 7. When the auditor is of the opinion that data which have been categorized as confidential by persons or entities that have provided them, have no confidentiality with regard to the undertaking concerned, it shall notify by letter, fax or electronic mail the natural or legal persons who provided these data and invites them to take a position on this point by letter fax or electronic mail within the time fixed by him.
The listener is then pronounced. The auditor may decide that the interest of effective enforcement of the present book prevails on the protection of confidential data in question. The auditor shall notify its decision to the natural or legal persons who provided these data.
When a natural or legal person invokes and motivates the confidentiality of the data that it transmits, it provides at the same time a version or a nonconfidentiels summary insofar as this is not already in the folder.
If privacy is accepted by the listener, the confidential documents are removed from the trial record and replaced by version or non-confidential summary. If no non-confidential version or summary is provided, data will be considered non-confidential, unless he

unless otherwise decided in accordance with the fifth paragraph.
When the listener does not accept the confidential nature of the data, it shall inform the physical or legal person who provided data indicating the reasons for which these data can be considered as confidential. This communication is done by letter, fax or electronic mail.
The auditor may decide, in the interest of the statement, that some data designated by him and which have been provided by the parties or third parties are to be considered as confidential. It shall inform the physical or legal person who provided the information by letter, fax or electronic mail. In this case, their calls for the provision of a version or non-confidential summary in accordance with the third paragraph.
This decision is not appealable.
§ 8. The decisions of the auditor relating to the confidentiality of the data may be appealed to the president by the natural or legal persons who have provided these data within three days of notification of the decision. The president shall designate the vice-president assessor or an assessor who decides the confidentiality and cannot sit in the College of competition entered by the same business.
Assessor vice-president or the designated assessor means the undertaking or association of undertakings concerned, as well as the auditor general or the listener that it delegates within five working days of receipt of the appeal and pronounce within five working days following the hearing of the parties. Within five working days are reduced to two working days if the statement concerning a concentration. No separate recourse is possible against the decision.
§ 9. The auditor or the auditor cannot communicate any confidential data as long as there is no decision on the appeal.
Sub-section 2. -Rules of restrictive competition practices article-specific instruction IV.42. § 1. Complaints relating to restrictive practices are introduced before the auditor general.
§ 2. If it finds inadmissible the measures or the prescription of the complaint, the auditorat class complaint by reasoned decision. The auditor's office may also file a complaint by decision in the matter of policy priorities and resources available.
The decision is notified, by way of registered letter, to the complainant indicating that it can consult the record of proceedings with the secretariat, obtain copy against payment and that it may bring an action against the decision to the president which is the College of competition that will appeal.
§ 3. The action referred to in § 2, is taken, on pain of inadmissibility, by reasoned and signed request filed with the secretariat within thirty days of the notification of the decision. The request fills, on pain of nullity, the conditions laid down in article IV.79, § 4. The president may fix the time limits in which the undertaking covered by the complaint and the complainant may file written comments. President to decide where appropriate on the confidentiality of documents and data.
Only in the event of no further action decision motivated by the management of priorities or the means available, the president of the College of competition may, at the request of the appellant, and if serious reasons are put forward, decide that the auditor's office clarified on motivation before the College of competition does not pronounce on the appeal.
The College of competition to decide on parts.
The decision of the College of competition is not likely to appeal or opposition. If the College of competition considers that the action is well founded, the folder is returned to the auditor's office.
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4. When the Prosecutor considers that the complaint or, where appropriate, a statement of office, is based, the auditor general informs enterprises and physical persons whose occupation is the subject of the statement of objections against them, and it gives them access to physical evidence used for this purpose as well as to any non-confidential version of the documents and information gathered during the investigation.
It gives them at least a month to respond to this communication.
§ 5.
Within a period of maximum one month after receipt of the replies referred to in paragraph 4 of that provision, or in the absence of response after expiry of the period for reply, the listener introducing on behalf of the auditor's office, with reasoned decision of President. This proposal for a decision is accompanied by the record of proceedings with reference to the classification assigned confidentiality as well as an inventory of these.
After receipt of the draft decision, president is the College of competition that will be the case and passes it the project and the record of proceedings without delay.
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IV.43. the King can prescribe the modalities for the establishment and introduction of records as well as establish the terms of procedures before the competition, the president and the Prosecutor's office.
In the economic sectors under the control or supervision of one public or other body specific public institution, the King may, after consultation with these agencies or institutions, adjust the cooperation between the Belgian competition authority and these bodies or institutions in what concerns the statement and reciprocal exchange of confidential information.
S. IV.44. the president may, ex officio or at the request of the Minister or the Minister having the sector concerned within its remit, print or have general or sectoral investigations if there are serious indications of malfunction of a market. If there are serious indications of the existence of practices prohibited by articles IV.1, § 1, and IV.2 and sections 101 and 102 TFEU, or if enterprises, associations of enterprises or natural persons interviewed refuse to cooperate, it can ask the auditor general that the auditor's office assists a general or sectoral survey.
The provisions of article IV.41 shall apply by analogy to the statement by the Prosecutor's office, with the exception of paragraphs 4 to 8 of paragraph 3.
Sub-section 3. -Decision on restrictive practices art. IV.45. § 1. Simultaneously with the filing of the draft decision referred to in article IV.42, § 5, the auditor shall notify businesses and natural persons whose activity has been the subject of the statement and transmits a copy of the draft decision. It is their knowledge that they can consult the record of the statement and the record of proceedings referred to in article IV.41, § 6, the Secretariat of the auditor's office and obtain a copy against payment.
The secretariat is the filing of the draft decision to the knowledge of natural or legal persons who lodged the complaint. If the College of competition necessary self-esteem, physical or legal persons who submit the complaint and such other persons as the College of competition will hear pursuant to paragraph 5, subparagraphs 2 and 3, may receive a non-confidential version of the draft decision referred to in article IV.42, § 5.
§ 2. The auditor general invites the companies and individuals whose activities were the subject of the investigation to indicate the confidential passages of the draft decision for transmission of a non-confidential version of the project to the natural or legal persons having lodged the complaint and to such other persons as the College of competition will hear in accordance with paragraph 5, subparagraphs 2 and 3. The auditor general shall take a decision in this regard, which is not subject to separate appeal.
Having lodged the complaint and all the other natural persons or legal persons heard by the College of competition do not have access to folder of procedure and instruction, unless the president decides otherwise regarding the record of proceedings.
When persons other than companies that are the subject of the statement, wish to communicate confidential information to the College of competition, assessor vice-president or an assessor appointed by the president who is not part of the College of competition to decide on confidentiality, such as the listener, the procedure laid down in article IV.41, §§ 6 and 7. Confidential documents are, therefore, not part of the record of proceedings and are replaced by a version or a summary non-confidential to deliver by the parties who provided data within the time fixed by the vice-president assessor or the assessor. This decision is not subject to separate appeal.
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3. As soon as the companies which are the subject of the statement received access to the investigation file and the record of proceedings pursuant to §§ 1 and 2, the parties have a period of two months calendar to file their written submissions and the parts of the trial record that they wish to add to the record of proceedings.
They cannot add pieces that have not been filed during prior appraisal, except if it involves proof of a fact or a response to complaints that they were not yet aware.
President extends this period at the reasoned request of the parties or of the auditor general where it considers it necessary and for a period which cannot exceed the requested duration.
At their request, the president decides to access to the written observations of the company subject to the statement

by other companies that are also the subject of the statement. Deciding about the confidentiality of the data contained in these written comments.
When the College of competition, in accordance with § 5, paragraph 2 or 3, gave access to the hearing to individuals or morales, the president may fix a time limit in which they may submit their written observations, in a manner such as the listener and the parties concerned can still file their written replies.
§ 4. After receipt of written submissions parties who have the right to file or expiry of the period in which written submissions may be submitted, the written procedure is closed and the president hold without delay a hearing of the College of competition.
This hearing is held within a minimum period of one month calendar and up to two months calendar after the closure of the written proceedings.
§ 5. The College of competition hearing each case at the hearing. He hears the listener and companies and individuals whose activity is the subject of instruction, as well as the complainant, at the request of the latter.
When it considers it necessary, the College of competition means any physical or legal person.
If natural or legal persons showing a sufficient interest to be heard, it is granted at their request. In economic sectors under the control or supervision of a public body or other specific public institution, these agencies and institutions shall be construed as justifying a sufficient interest. In all cases, the Minister and heads of economic and legal studies are to be considered as justifying a sufficient interest.
The default of appearance of the summoned parties or their representative does not affect the validity of the procedure.

§ 6. After the hearing, the College of competition took the matter under advisement and shall decide within a period of one month. This time limit shall be suspended when the nature of the proposed decision requires consultation of the European Commission.
§ 7. The decision of the College of competition on the merits of the case cannot rely on the parts which the confidential character has been accepted, so that companies that are the subject of the statement were able to become acquainted.

§ 8. The King fixed the details of the procedure before the competition and the conditions for obtaining copies.
S. IV.46. § 1. A total or partial exemption from the penalties provided in this book may be granted to an undertaking or an association of undertakings which, along with others, has implemented a practice prohibited by article IV.1 if it helped to establish the reality of the prohibited practice and identify its sponsors, particularly by bringing elements of information which the Belgian competition authority did not previously , providing evidence of a practice prohibited by article IV.1, § 1, whose existence was not yet established, or by recognizing the existence of the prohibited practice.
When the auditor general or the listener that it delegates proposed, president is the College of competition that will be the case and passes the proposal.
As a result of the approach of the undertaking or association of undertakings, the College of competition, at the request of the auditor general or the listener that it delegates, adopt an opinion of clemency, which sets out the conditions to which the proposed exemption after the undertaking or association of undertakings concerned submitted their comments is subject. This notice is sent to the undertaking or association of undertakings and is not published.
When the decision taken pursuant to this article, the College of competition may, if the conditions specified in the leniency notice have been complied with, grant an exemption from penalties proportionate to the contribution made to the preparation of the offence.

§ 2. Individuals who have acted in the name or on behalf of a company or an association of business which, along with others, has implemented a practice prohibited by article IV.1, may introduce a request for immunity from the prosecution to the Prosecutor's office with regard to the offences referred to in article IV.1, § 4.
College competition gives, at the request of the auditor general or the listener that it delegates, immunity from prosecution if this person has contributed to prove the existence of a practice prohibited by article IV.1, § 1, and to identify participants, including by providing information which the Belgian competition authority was not yet available, providing evidence of a practice prohibited by article IV.1 , § 1, whose existence was not yet established, or by recognizing the existence of a practice prohibited by article IV.1, § 4.
Immunity from prosecution may be granted to all those who fulfil the conditions set out in this provision, provided that they cooperate in a leniency application by a company for which they work.
§ 3. After the adoption of the leniency notice or the granting of immunity to physical or legal persons, the parts and information provided by the applicant may form part of the record of instruction or procedure, but access may there be granted in any manner without prejudice to article IV.69.

§ 4. Without prejudice to the time limits, the auditor-general or the listener that it delegates may request to impose a sanction against the person concerned if the College of competition finds that the conditions of the notice of personal clemency under § 2 have not been complied.

§ 5. A request for immunity of sanctions by a natural person does not prevent the granting of full exemption from the penalties to the company in accordance of § 1.
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IV.47. the College of the competition may, following the procedure referred to in article IV.45 concerning a complaint, request, or a statement of office, declare, by reasoned decision, on the basis of the elements which the College of competition is aware, there is no reason for him to intervene.
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IV.48. According to the procedure referred to in article IV.45, the College of competition can be seen, by reasoned decision: 1 ° there is a restrictive competitive practice and order where appropriate the cessation thereof, if applicable, the manner the College of competition prescribed;
2 ° there is no practice restrictive of competition, provided there is no effect on trade between Member States of the European Union;
3 ° article IV.4, paragraph 2, or a stopped royal within the meaning of articles IV.4, paragraph 3 and IV.5 has no effect in an individual case, when the restrictive practice of competition in question produces effects incompatible with article IV.1, § 3;
4 ° a regulation within the meaning of article IV.4, paragraph 1, is not effective in an individual case, when the restrictive competitive practice produces effects incompatible with article 101, paragraph 3, TFEU on national territory or a part thereof, which has all the characteristics of a distinct geographic market.
S. IV.49. § 1. When the College of competition intended to adopt a decision requiring the termination of an infringement and that the undertakings concerned offer commitments to meet its concerns, it may, by decision, make mandatory commitments for companies.
It may request the auditor to file a report on proposals for commitments in the period to be specified. The decision may be adopted for a specified period and conclude that there are more grounds for action by the Belgian competition authority. This decision is without prejudice to the Faculty of national courts of the existence of restrictive practices in the past and imply no prejudicial recognition on the part of the undertaking concerned.
§ 2. The Chair may reopen the proceedings provided for in articles IV.41 IV.45, on request or on its own initiative: 1 ° if one of the facts on which the decision is based is undergoing a significant change;
2 ° whether the undertakings concerned violate their commitments, or 3 ° If the decision is based on incomplete, incorrect or misleading information provided by the parties.
S. IV.50. If the agreement, decision or concerted practice which brought the statement to be subject to a regulation of the Council of the European Union the European Commission declaring article 101, paragraph 1, of the Treaty this inapplicable or a royal decree within the meaning of article IV.5, the College of competition notes and makes a decision on classification.
Subsection 4. -Procedure for transactions article IV.51. during an instruction based on article IV.1 or article IV.2, whether or not combined with the application of article 101 and article 102 TFEU, the Prosecutor's office may, at any time of the procedure, but before the filing of the draft decision referred to in article IV.42, § 5, before President, set a time limit to the undertaking or association of undertakings whose activity is the subject of the statement so that it indicates in writing that it is prepared to conduct discussions to achieve a transaction in order to submit transaction proposals where appropriate.
The auditor's office is not obliged to consider the responses received after the expiry of this period.
S. IV.52. when the undertaking or association of undertakings whose activity is being

the statement indicates that they are prepared to conduct discussions to achieve a transaction, the auditor's office communicate in writing its intention to achieve a transaction to the company or the association of undertaking concerned. The auditor's office identifies the grievances on which he believes to be supported and gives them access to physical evidence used for this purpose, as well as any non-confidential version of the documents and information gathered during the investigation.
The Prosecutor's office also provides knowledge of the minimum and the maximum of the fine which it will propose to the College of competition.
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IV.53. when it appears to the auditor's office that a transaction is possible after subsequent discussions, and after having reviewed the documents and information referred above, the auditor's office may establish an endeans deadline which the undertaking or association of undertakings concerned can undertake to provide a statement of transaction. In this declaration, they must recognize their participation in the infringement cited and their responsibility and accept the presented sanction.
The auditor's office is not obliged to take into consideration transaction reports received after the expiration of the time limit.
The Prosecutor's office may terminate the transaction procedure at any time.
S. IV.54. when declarations of the undertaking or association of undertakings concerned resume content and acceptance of the offence mentioned in the communication from the auditor's office, the Prosecutor's office may notify the undertaking or association of undertakings concerned a draft decision of transaction in which this is found and the set fine.
For the calculation of the amount of the fine in accordance with the guidelines of the Belgian authority of competition, and in the absence of the European Commission, on the calculation of the fines, the auditor may apply a 10% discount and take also into account the commitment of the undertaking or association of undertakings concerned to carry out the payment of damages.
To achieve a transaction, the undertakings or associations of undertakings concerned must confirm within a period determined by the auditor's office, the communication of the draft decision to reflect the content of their statement of transaction and that they accept the penalty mentioned in the draft.
S. IV.55. during the simultaneous application of article 101 and article 102 TFEU, the Prosecutor's office informed at the same time the European Commission of this draft decision under article 11, paragraph 4, of Regulation (EC) No 1/2003.
S. IV.56. all documents and data exchanged between the auditor and the undertaking or association of undertakings concerned are confidential.
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IV.57. If the undertaking or association of undertakings concerned have communicated their confirmation within the time limit, the Prosecutor's office takes a decision, including the fine, which closes the procedure. This decision amounts to a decision of the College of competition as referred to in article IV.48.
If the European Commission formulates however remarks that require an amendment to the draft decision, and if the auditor's office does not decide to terminate the transaction procedure, the auditor's office supports a new draft decision and the procedure laid down in article IV.54 resumed again.
The auditor general shall forward the decision by registered letter to the company or the association of undertakings concerned.
The auditor general also transmits a copy of this decision to the secretariat for the publication, and the complainant if there is a complainant.
The undertaking or association of undertakings concerned cannot introduce to appeal against the decision of transaction.
Subsection 5. -Training concentration s. IV.58. § 1. The auditor designated by the auditor general carries out the investigation of the case upon receipt of the notification or, if the information to provide is incomplete, immediately upon receipt of the complete information.
When the conditions for the application of the simplified procedure referred to in article IV.63 are not met, the auditor shall promptly transmit a copy of the notification of concentration under article IV.10 to the president which is the College of competition that will be the case.
§ 2. The Auditor in charge of the daily management of a statement may instruct the members of the staff of the Prosecutor's office of instruction duties.
§ 3. The auditor appointed under article IV.27 introduces decision motivated to the President as well as the record of proceedings and data relied upon by the Auditor in his project with reference to the classification assigned confidentiality and an inventory of the components consisting of only. This inventory determines the confidentiality of parts for each of the parties having access to the file.
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4. The draft decision is submitted within a period of twenty-five working days of the day following the deposit of the notification to the auditor general. When the information in the notification is not complete, this period shall run from the day following the day of receipt of complete information. The period of twenty-five days is extended by five working days when commitments have been offered in accordance with article IV.59, paragraph 2.
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5. The auditor communicates, when the deposit referred to in § 4, a copy of the draft decision to the notifying parties. Also, it communicates after removal of the secrets of business and confidential items, a copy of the draft to the representatives of the most representative organizations of workers in these enterprises or those they designate.
He wears to the knowledge of the persons referred to in the first paragraph that they can consult on file with the secretariat, excluding parts that are sensitive towards them, and that they can obtain a copy against payment.
Previously, the listener is pronounced on the confidentiality of documents and data and it classifies in a separate annex, it passes to the secretariat.
S. IV.59. when the Auditor considers that effective competition on the Belgian market or a substantial part of it would be hindered significantly by the creation or strengthening of a dominant position, in accordance with article IV.9, § 4, it shall inform undertakings involved in concentration, at least five working days before the filing of the draft decision to the president provided for in article IV.58 § 3.
Companies parties to the concentration have in such cases of a period of five working days to introduce the listener to the commitments to obtain a decision on foot of article IV.61, § 2, paragraph 1, 1 °.
The listener hears the undertakings party to the concentration on these commitments and takes position on those commitments in the draft decision.
Sub-section 6. -Decision-making concentration s. IV.60. § 1. The College of competition hearing each case at the hearing. The hearing takes place at least ten days after the communication of the draft decision to the notifying parties.
§ 2. The College of competition means undertakings party to the concentration. They pay their written submissions and parts to file no later than the day before the hearing and they provide a copy to the auditor.
They cannot add pieces that have not been filed during prior appraisal, except if it involves proof of a fact or the response to grievances which they were not yet aware.
When it considers it necessary, the College of competition dealing with the matter means any physical or legal person that he summoned.
It includes third parties having sufficient interest. In the economic sectors under the control or supervision of a public body or another public institution specific, these agencies or institutions are to be considered as justifying a sufficient interest. In all cases, managers of economic and legal studies are to be considered as justifying a sufficient interest.
Members of the of directors or management bodies of the undertakings participating in the concentration, as well as representatives of the most representative organizations of workers in these enterprises, or those they designate, are to be considered as justifying a sufficient interest.
Default of appearance of the summoned parties or their representative, does not affect the validity of the procedure.
§ 3. Persons other than the companies participating in the concentration may communicate information to the College of competition no later than three working days prior to the hearing. The secretariat shall immediately communicate this information to the notifying parties and the auditor's office.
When persons other than the undertakings party to the concentration wish to communicate confidential information competition College, an auditor appointed for that purpose by the auditor general, who was not in charge of education, to decide on confidentiality, in accordance with the procedure laid down in article IV.41, §§ 6 and 7. Confidential documents are then not attached to the folder and are replaced by a non-confidential version or summary. This decision is not subject to separate appeal.
§ 4. The decision of the College of competition on the merits of the case cannot rely on parts knowledge which have been made by third parties and which the confidential character has been accepted, so that the notifying parties could take.

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5. The King fixed the details of the procedure before the competition and the conditions for obtaining copies.
S. IV.61. § 1. The College of competition finds, by a reasoned decision: 1 ° either that the concentration falls within the scope of this book.
2 ° is that the concentration does not fall within the scope of this book.
§ 2. If the concentration falls within the scope of this paper, the College of competition takes one of the following reasoned decisions: 1 ° or it may decide that the concentration qualifies. It can match its decision of conditions or charges aimed to ensure that the undertakings concerned comply with the commitments they have presented, in order to hear say the allowable concentration. When the College of competition wants to take into consideration the conditions and charges that are not discussed in the draft decision, the undertakings concerned and the listener are agreed on this point and have at least two working days to take a decision in this regard. The notifying parties may modify the conditions of the concentration, until where the College of competition has taken its decision. In this case, the decision of eligibility relates to concentration as amended;
2 ° he States the allowable concentration when the undertakings concerned control together not more than 25% of any relevant market for the transaction be it relationships horizontal or vertical;
3 ° it can be seen that there are serious doubts about the admissibility of the concentration and it may decide to initiate the procedure referred to in article IV.62 Companion.
The decisions of the College of competition referred to in paragraph 1 are made within a period of forty days from the day following the day of receipt of the notification, extended, where appropriate, in accordance with article IV.58, § 1. This period shall be extended by 15 working days when the undertakings concerned submit commitments to hear say the allowable concentration.
The concentration is deemed eligible when the College of competition issued its decision within the period provided for in paragraph 2.
§ 3. The period referred to in paragraph 2 may be extended at the express request of the notifying parties, and only for the duration that they propose. The College of competition in any case allows an extension of 15 days and a new hearing if requested by the notifying parties.
S. IV.62. § 1. If the College of competition takes the decision referred to in article IV.61, § 2, paragraph 1, 3 °, the auditor performs a companion and introduces decision reviewed with the president, who transmits it promptly to the College of competition.
The provisions of article IV.58, except §§ 1 and 4, shall apply to the companion policy and draft decision reviewed.
No later than 20 working days after the date of the decision to initiate the procedure in accordance with article IV.61, § 2, first subparagraph, 3 °, notifying companies can introduce the listener to pledges to obtain a decision of eligibility.
§ 2. The listener introduced the decision reviewed through the College of competition within a period of 30 working days following the decision to initiate the procedure. This period is extended for a duration equal to that used by the notifying parties to present commitments in accordance with paragraph 1. This draft decision reviewed shall be communicated in accordance with article IV.58, § 5.
When the auditor is of the opinion that the concentration must be declared admissible in accordance with article IV.9, § 3, draft decision reviewed mentions the reasons for which the concentration does not have for consequence that effective competition would be hindered significantly in the Belgian market or a substantial part of it, including by the creation or strengthening of a dominant position.
When the auditor is of the opinion that the concentration must be declared inadmissible in accordance with article IV.9, § 4, or must be subject to conditions and/or loads, the draft reviewed decision mentions the reasons for which the concentration must be banned or should be subject to the conditions and charges proposed by the auditor.
§ 3. The undertakings party to the concentration and the persons involved in the proceedings in accordance with article IV.60, § 2, file written comments within ten working days of the filing of the reviewed draft decision, with a copy to the auditor and the other parties to the case.
They cannot add pieces that have not been filed during prior appraisal, except if it involves proof of a fact or a response to complaints that they were not yet aware.
§ 4.
Where written comments are submitted in accordance with paragraph 3, the auditor may file a supplementary decision with the College of competition within a period of five working days after the expiry of the period laid down in paragraph 3. This draft decision reviewed shall be communicated in accordance with article IV.58, § 5. Businesses participating in the concentration pay their written comments to the record of proceedings no later than the day before the hearing, with a copy to the auditor.
They cannot add pieces that have not been filed during prior appraisal.
Any additional written comments of the interveners are excluded from the debates.
§ 5. The College of competition heard the matter in accordance with article IV.60.
§ 6. The decision of the College of competition relating to the eligibility of the concentration is formulated within sixty days working of the decision to initiate the procedure, if extended in accordance with paragraph 2. This decision may be subject to charges or conditions which ensure that the undertakings concerned comply with the commitments that they have presented to hear declare admissible concentration. When the College of competition wants to take into consideration the conditions and charges that are not discussed in the draft decision, the undertakings concerned and the listener are agreed on this point and have at least two working days to take a decision in this regard.
The concentration shall be deemed to be the subject of a favorable decision when the College of competition has not made its decision within a period of sixty days, if extended as provided for in paragraph 2, when the undertakings concerned submit commitments, in accordance with paragraph 2.
The period may be extended upon request of the parties, and for a period which may not exceed the duration proposed by the parties. College competition grants in any case the extension requested with a maximum of 20 working days as well as a new hearing at the request of the notifying parties to make new commitments.
The King may, after consultation with the Belgian competition authority, change the time limit referred to in paragraph 1.

§ 7. When the College of competition noted in its decision that the concentration is not eligible, in order to restore effective competition, Division of enterprises or bundled assets, he ordered the end of control in common or any other appropriate measure.
Sub-section 7. -Instruction and decision during a simplified merger article
IV.63. § 1. The notifying parties may request the application of the simplified procedure. In this case, the following provisions shall apply by way of derogation from the provisions of articles IV.58, § 1 and §§ 3 to 5, and IV.59 to IV.62.

§ 2. The auditor conducts the investigation of the case as soon as he receives the notification provided for in article IV.10 or, where the information to provide is incomplete, as soon as it receives the complete information.
§ 3. When the auditor comes to the conclusion that the conditions of application of the simplified procedure are fulfilled and that the notified concentration raises no objection, it finds in a decision written that it communicates to the notifying parties. The listener at the same time transmit a copy of this decision to the secretariat of the Belgian competition for publication authority.
§ 4. The decision of the auditor referred to in paragraph 3 is considered, for the purposes of the application of this book, as a decision of the College of competition within the meaning of article IV.61, § 2, first paragraph, 1 °.
§ 5. When the auditor comes to the conclusion that the conditions of application of the simplified procedure are in his opinion not met or that there are doubts about the admissibility of the concentration, it noted in a decision containing a summary motivation, he communicates to the notifying parties, with a copy to the secretariat.
This decision is not subject to separate appeal.
This decision of the hearing officer terminates the simplified procedure, so IV.58 to IV.62 articles are fully applicable. In this case the notification is considered have been incomplete since the beginning within the meaning of article IV.58, § 1. The notification is deemed complete the day following that where the notifying parties provide the missing information in the decision of the hearing officer.
§ 6.
The auditor shall communicate the decision referred to in paragraphs 3 or 5 to the parties notifying within a period

fifteen working days. The concentration shall be deemed approved when the listener has not communicated that decision within the mentioned period.
Subsection 8. -Measures interim art.
IV.64. § 1. The College of competition peut, under the conditions laid down in this article, take interim measures to suspend restrictive of competition that the subject of the statement, if there is an urgent need to avoid a situation likely to cause serious injury, imminent and difficult to repair businesses whose interests are affected by these practices or harming the general economic interest.
§ 2. Reasoned interim measures requests are introduced, with the parts relating thereto, with the president by the complainant, the Prosecutor's office, the Minister or the competent Minister according to the sector concerned. President is the College of competition that will be the case and forwards it the request without delay.
Under penalty of nullity, the applicant transmits the same day that the filing, by registered mail or e-mail with acknowledgement of receipt, a copy of its application and parts annexed businesses or business associations against whom provisional measures have been requested. The secretariat transmits to the auditor general copy of this request and the documents attached is not the applicant.
It passes also to copy subsequent parts of procedure to the auditor general and, where appropriate, also to the Minister where it is the applicant.
§ 3. President, or the vice-president assessor or the assessor that it delegates, fixed the date of the hearing, to be held within a period of one month calendar after the filing of the application, to which applicants and the general auditor or an auditor that it delegates can be heard. The secretariat is this decision to the knowledge of applicants, companies or associations of companies to which interim measures are required, the auditor general and the Minister. The auditor general shall file any written submissions no later than six days before the day of the hearing. Parts must have a period of five working days prior to the hearing for the review of the comments and submissions, with the exception of the passages which the president of the College of competition, or the vice-president assessor or the assessor that it delegates agreed to them confidentiality. Written comments must be submitted to the secretariat referred to in article IV.31, which shall forward it to the president and the auditor general.
The party who files submissions must send a copy by registered mail or e-mail with acknowledgement of receipt to all other parties to the proceedings.
§ 4. The time limits referred to in paragraphs 3 and 6 may be extended for a maximum of two weeks. If these time limits are extended to enable applicants to reply to the written comments from other parties, other parties must have identical to that of the applicants time to meet their reply.

§ 5. Parties submitting parts may indicate the passages which they deem confidential in motivating and dropping a non-confidential summary. The president of the College of competition, or the vice-president assessor or the assessor that it delegates, ruling on the confidentiality of the passages in question and no recourse is open against this decision.
6. within a period of one month calendar after the hearing referred to in paragraph 3, the College of competition to decide by reasoned decision if there is reason to take interim measures. Absence of a decision within this period, the application for interim measures is presumed to be rejected.
The decision of the College of competition cannot rely on workpieces with companies for which measures are being taken were made aware.
Sub-section 9. -Publication and notification article IV.65. the decisions of the College of competition and the president shall be notified by the secretariat of the authority of Belgium's competition by registered mail with acknowledgement of receipt, the parties, complainants and the Minister, as well as to anyone who can justify an interest in accordance with article IV.45, § 5, or article IV.60, § 2, and has asked to be heard by the College of competition.
The president who takes the decision takes into account the legitimate interests of companies that their protection business secrets and other confidential information is not disclosed.
The decisions referred to in the first subparagraph indicate the parties to which the notification must be made.
Under penalty of nullity, the notification letter indicates the appeal period as well as the manner in which it may be exercised. The letter has annexed the names, grades and addresses of the parties to which the decision was notified.
S. IV.66. § 1. The auditor general shall, receipt, any notification of concentration for publication by excerpt in the Moniteur belge and on the web site of the Belgian competition authority. This publication contains the names of the undertakings which are parties to the concentration. The publication shall indicate whether the application of the simplified procedure is requested.
§ 2. The decisions of the College of competition or of the president, including those referred to in subsections 3 to 7 of this chapter, of the auditor's office referred to in article IV.30, § 1, 2 °, and the auditor referred to in article IV.63, § 3, are published in the Moniteur belge and on the website of the Belgian authority of competition.
The decisions of the Court of appeal of Brussels and the Supreme Court are published in the Moniteur belge and are notified to the parties by the registry concerned by registered letter, with acknowledgement of receipt.
Notice that the concentration is expected to, in the absence of decision, be permitted, are also published in the Moniteur Belgian and notified to the parties involved in the concentration, as well as any person who can prove an interest in accordance with article IV.60, § 2, and has asked to be heard by the College of competition.
Notice that the application for interim measures is, in the absence of decision, deemed rejected are notified to applicants and to any person having been associated with the procedure.
The decisions referred to in the preceding paragraphs shall be communicated without delay, in the form intended for publication in the Moniteur belge, to the competition Commission.
When this publication and communication, the president of the College of competition takes into account the legitimate interests of companies that their protection business secrets and other confidential information is not disclosed.
The notification of the decision of the College of competition or the president of the College of competition mentions that it is likely to appeal to the Court of appeal of Brussels within thirty days of the notification.
Do not qualify as determinations under this procedure of appeal, decisions whereby a concentration falls within the scope of this paper and those who plan to initiate the procedure laid down in article IV.62.
Subsection 10. -Cooperation with the European Commission and the competition authorities of the other Member States of the Union European art. IV.67. where the authority Belgian competition statue, in application of article 104 TFEU, on the admissibility of agreements and abuse of a dominant position on the common market, the decision is made in accordance with article 101, paragraph 1, and 102 TFEU, depending on the procedure and the penalties provided for by this book.
When the Belgian authority of competition statue, pursuant to regulations or directives adopted on the basis of article 103 TFEU, on the application of the principles enshrined in articles 101 and 102 TFEU, the decision is made in accordance with these regulations or directives, the procedure and sanctions provided in this book.
S. IV.68. the members of the staff of the authority of Belgium's competition designated for this purpose by the auditor general are responsible, under article 20, paragraph 5, of Regulation (EC) No 1/2003 Board, to accomplish business missions assistance, audit or otherwise under the control of compliance with the competition rules of the treaties of the communities European on their own initiative, at the request of the Commission or at the request of a national competition authority of another Member State of the European Union in accordance with their rules of competition.
Staff members authorized for that purpose have the same powers and obligations as those authorised agents referred to in article IV.41, § 3, when they intervene at the request of a competition authority of another Member State, and those of the authorised agents referred to in article 20, paragraph 2, of Regulation (EC) No 1 / 2003 when they intervene at the request of the European Commission.
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IV.69. for the purposes of the application of articles 101 and 102 TFEU and Regulation (EC) No 139/2004 of the Council of 20 January 2004 on the control of concentrations between undertakings, president, the auditor-general and the staff of the Belgian competition authority can communicate to the European Commission and the competition authorities of the Member States any item of fact or of law including confidential information, as well as, where appropriate, use as evidence information obtained from the European Commission or the competition authorities of the other Member States.
Section 3. -Fines and periodic penalty payments

S. IV.70. § 1.
When the College of competition makes a decision referred to in article IV.48, 1 °, the College of competition can impose on each of the undertakings and associations of undertakings, fines not exceeding 10% of their turnover. In addition, it may, by the same decision, at the request of the Auditor, impose on each of the undertakings and associations of undertakings concerned, the penalty for failure to comply with its decision, up to a maximum of 5% of the daily average turnover per day of delay from the date appointed by the decision.
The fines and periodic penalty payments may also be imposed in the event of application of articles IV.48, 3 ° and 4 °, and IV.49, § 2, and in the event of failure to comply with the decisions referred to in articles IV.61, § 2, 1 °, and IV.62, §§ 6 and 7.
§ 2. The infringements of article IV.1, § 4, shall be punished by an administrative fine of 100 to 10,000 euros.
§ 3. The fines and periodic penalty payments referred to in §§ 1 and 2 above - before are not tax deductible.
S. IV.71. § 1. The College of competition may impose on persons, undertakings or associations of undertakings, fines not exceeding 1% of the turnover where, intentionally or negligently: 1 ° they supply incorrect or misleading information in a notification or a request for information;
2 ° they provide incomplete information;
3 ° they do not supply information within the time allowed;
4 ° they prevent or hinder the instructions laid down in article IV.41 and surveys referred to in article IV.44.
§ 2. The same fines may be imposed when a company proceeded with a concentration without previously notifying pursuant to section IV.10, even if it turns out that the concentration qualifies.
S. IV.72. in case of infringement of article IV.10, § 5, the College of competition may impose fines and periodic penalty payments referred to in article IV.70, § 1.
In addition, it may impose periodic penalty payments referred to in article IV.70 § 1, to enforce the order referred to in article IV.62 § 7.
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IV.73. the College of competition may impose the penalty referred to in article IV.70 § 1, to ensure that the interim measures taken in accordance with article IV.64 and decision referred to in article IV.41, § 2, paragraph 3.
In the latter case, the penalty payment may be imposed during the statement.
S. IV.74. the turnover referred to in articles IV.70 and IV.71 is the total turnover in the preceding business year in the domestic market and export. It means within the meaning of title VI of book IV of the Code of corporations to the consolidated annual accounts of enterprises.
CHAPTER 4. -Other provisions art. IV.80. § 1. The statement referred to in article IV.41 can wear only on facts not dating back more than five years. This period is counted from the date of the decision of the auditor general to any office or statement from the date of referral to the auditor general in accordance with article IV.41, § 1.
However, for the continuous or repeated infringements, time only runs until the day where the latter offence has been terminated.
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2. The period of limitation with regard to the procedure for training and decision is five years from the date referred to in paragraph 1.
However, for the continuous or repeated infringements, time only runs until the day where the latter offence has been terminated.
The limitation period shall be interrupted only by acts of instruction or decision made within the time specified in paragraph 1 or by a reasoned request addressed to the president by the complainant or applicant; These acts are a new period of the same duration.
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3. The period of limitation with regard to the imposition of fines or periodic penalty payments is to: 1 ° three years in what concerns violations of the provisions relating to requests for information or execution of searches;
2 ° five years in relation to other offences.
The limitation period runs from the day where the offence was committed. However, for the continuous or repeated infringements, time only runs until the day where the latter offence has been terminated.
The period of limitation for the imposition of fines or periodic penalty payments is interrupted by any action of the Prosecutor's office or the College of competition or, in the case of the application of articles 101 and 102 TFEU, of a competition authority of a member to the statement or prosecution of the offence.
The interruption of the limitation period shall take effect the day where the Act is notified to at least one undertaking or association of undertakings participating in the infringement.
Form interruptive acts of this period: 1 ° requests written information from the Prosecutor's office or the competition authority of a State member.
2 ° the written search warrants issued to its staff by the Prosecutor's office or by the competition authority of a State member.
3 ° the initiation of proceedings by the Prosecutor's office or by a competition authority of a Member State;
4 ° the tabling of the draft decision in accordance with article IV.42, § 5, by the auditor or of the objections by a competition authority of a Member State.
The interruption of the limitation period shall apply for all the undertakings or associations of undertakings participating in the infringement.
A new limitation period begins to run from each interruption. However, the prescription is acquired not later than the day where a period equal to twice the limitation period times out without that College competition ever pronounced fined or required. This period is extended by the period during which limitation is suspended pursuant to the following paragraph.
The limitation period for the imposition of fines or periodic penalty payments is suspended as long as the decision of the College of competition is the subject of proceedings pending before the Court of appeal of Brussels.
§ 4. The power to enforce decisions taken pursuant to articles IV.70 and IV.71 are prescribed by five years.
This period of the day the decision became final.
The limitation period for the enforcement of the sanctions is interrupted: 1 ° by notification of a decision varying the original amount of the fine or periodic penalty payment or refusing an application for variation;
2 ° by any act of the competent body or of a Member State, acting at the request of the competent body, for the purpose of the fine or periodic penalty payment.
A new limitation period begins to run from each interruption.
The limitation period for the enforcement of sanctions shall be suspended: 1 ° as long as a period for payment is granted;
2 ° as long as the enforcement of payment is suspended pursuant to a decision of the Court of appeal of Brussels.
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IV.81. If the company remains in default of paying the fine or periodic penalty payment, the decision of the College of competition, or its president, or the decision of the Court of appeal of Brussels passed res judicata, is transmitted to the SPF finance for the recovery of the administrative fine.
Prosecution to bring the above-mentioned Administration take place in accordance with article 3 of the national law of December 22, 1949.
The King determines deadlines and modalities of payment of the fines and periodic penalty payments referred to in articles IV.70 to IV.74.
S. IV.82. the King may, by Decree deliberated in the Council of Ministers, attach the list of legal proceedings, including particular measures of instruction, which costs shall be charged to of the notifying parties or parties having committed an offence under this book.
The King may, by Decree deliberated in the Council of Ministers, the amount, conditions and modalities of the fee referred to in the preceding paragraph.
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IV.83. the instruction is performed and the decision of the Prosecutor's office is drafted in the language of the Region in which the undertaking which is the subject of the statement is established. In case of plurality of enterprises, the language used is that of the Region in which the majority of them is established. In the event of parity, it will be made use of one of the commonly used languages in Belgium according to the needs of the cause.
If the company is established in the Brussels Region, language, Dutch or french, is chosen by the complainant or by the body which is at the origin of the statement.
The company which is the subject of the statement and which is established in the Brussels Region may nevertheless request that the statement be carried out and that the proceedings be continued in the other language, french or Dutch.
The decision about changing the language of the proceedings is made by the auditor general. The company or association of undertaking concerned may appeal against its decision to the president within three working days of the notification of the decision. It means the company or association realizing concerned as well as the auditor general or the listener that it delegates within five working days of the receipt of the appeal and pronounce within five working days after the hearing of the parties.
This decision is not subject to separate appeal. » Art. 5. in the same Code Book V, worded as follows is inserted: 'book V. - competition and developments in price title 1. -Provisions general article V.1. this title applies to the prices charged by undertakings, excluding the price of the goods referred to in title 2.
S. V.2.

The prices of goods and services are determined by the free play of competition.
S. V.3. when the price Observatory finds a problem pricing or margins, an abnormal evolution of price, or a structural problem in market, it may consult stakeholders, professional associations and consumer organisations, and shall report its findings to the Minister.
His report is transmitted at the same time to the Belgian competition authority which it snapped and, where appropriate, sectoral regulatory authorities concerned.
The report of the Observatory of prices can be published, subject to the confidentiality of the data. If this report contains business secrets, a redacted version of these trade secrets can be published. Prior to publication, the report of the Observatory of prices is passed to stakeholders, professional associations and consumer organisations.
The Observatory of prices occur, within the jurisdiction laws and regulations of the FPS economy, provide all the supporting elements required for the establishment of these findings.
The Centre's prices may on its own initiative or at the request of the Minister, make findings and the analyses referred to in the first paragraph.
S. V.4. § 1. If it turns out to be an urgent need to avoid a situation that could cause serious, immediate damage difficult to repair for the companies concerned or for consumers whose interests are affected, or injure the general economic interest, the College of competition can, except for the prices of goods and services whose levels can be determined by or under the Act take provisional measures to respond to the findings referred to in article V, 3. These measures are set for a maximum period of six months. The Observatory of prices can provide the College of competition all information relating to prices and margins it has collected pursuant to article V, 3. It takes into account for this purpose the provisions of Act of 4 July 1962 on official statistics and Regulation No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics, particularly statistical confidentiality and the principle of finality.
§ 2. President, or the vice-president assessor or the assessor that it delegates, fixed the date of the hearing to be held within the period of fifteen days calendar after the tabling of the report of the Observatory of prices, to which the latter and the parties mentioned in this report are heard. The secretariat is this decision to the attention of the parties concerned. Parties have a period of five working days prior to the hearing for the consideration of the submissions and submissions, with the exception of the passages which the president of the College of competition, or the vice-president assessor or the assessor that it delegates agreed to them confidentiality.
The time limits referred to in this paragraph and in paragraph 4 may be extended for a maximum of two weeks.
If the report fails to mention parties, president, or the vice-president assessor or the assessor that it delegates will prompt without delay organizations represented at the central Council of the economy and representing the sectors concerned.
§ 3.
Parties submitting parts may indicate the passages which they deem confidential reasons, their approach and dropping a non-confidential summary. The president of the College of competition, or the vice-president assessor or the assessor that it delegates, ruling on the confidentiality of the passages in question and no recourse is open against this decision.
§ 4. Within a period of one month calendar after the hearing referred to in paragraph 2, the College of competition to decide by reasoned decision if there is reason to take interim measures. Absence of a decision within this period, any interim measure is defined.
The decision of the College of competition cannot rely on parts which companies or organisations referred to in paragraph 2 for which measures are taken, were made aware.
§ 5. The College of competition may prescribe all terms and conditions required for the implementation and execution of its decision.

§ 6. It can be done providing all supporting elements necessary for the exercise of the powers conferred by this section.
It may in particular require the communication of all books, records and other accounting documents which the holding is prescribed by or under legislation.
§ 7. This article does not prejudice the powers of the Belgian competition authority such as described in book IV.
Art V. 6. The College of competition means its decision to the Minister. When the College of competition adopted interim measures, the present Minister to the Government, within a period of six months, a plan a structural change in the functioning of the market in the sector concerned.
S. V.7. § 1.
The Minister may enter into contracts-program with individual companies or grouped with commitments particularly at the level of the prices charged.
These contracts are for a fixed term. They can be denounced by the parties subject to the notice provided.
These contracts include a clause providing for an allowance to be paid in the event of breach. Sums due under this clause are enrolled by the Minister or his delegate, on reasoned decision.
The reasoned decision shall be notified to the debtor. Upon receipt of this decision, the debtor has a period of fifteen days to appeal to the civil courts. This appeal is suspensive and the decision is subject to appeal.
The absence of remedies such as in the case of dismissal of the appeal, the allowance which is not paid voluntarily, is recovered as in direct contributions.

§ 2. The Minister may also enter a programme contract with associations of companies active in refining, import or distribution of petroleum products.
If several associations with which a programme contract is concluded, or the professional association are representative of at least 60% of the quantities of petroleum products for consumption in Belgium, the programme contract is binding for the entire area. When a professional association of the sector, on behalf of its members, introduced by sending recommended to the Minister a claim motivated against one or more elements that are part of the programme contract in force, takes this claim into account. In the month following the receipt of the reasoned complaint, he began a new negotiation on this claim in the context of the contract-programme. He informed within three months of receipt of the claim and by registered mail the professional association concerned of the outcome of this negotiation. The reasoned complaint has no suspensive effect on the contract programme in force.
S. V.8. during the implementation of the provisions of the present title, producers and distributors cannot refuse to meet, to the extent of their possibilities and in accordance with commercial usage to applications of products of services made by distributors or consumers when they have no abnormality.
TITLE 2. -Of the fixing of the prices of medicines and related chapter 1. -Scope art. V. 9. Are subject to the provisions of this title: 1 ° the medicinal products for human use referred to in article 1 of the law of 25 March 1964 on medicines, excluding extemporaneous and veterinary drugs;
2 ° objects, devices and substances which, pursuant to article 1bis of the aforementioned law of 25 March 1964, in whole or in part, are assimilated by the King to drugs and that the Minister designates.
3 ° the raw materials used in extemporaneous list is determined by the Minister.
CHAPTER 2. -Decisions of s. pricing V. 10. § 1. The ex-factory price for the sale of new drugs and related workers referred to in article V.9, 1 ° and 2 °, increases in ex-factory price for the sale of medicines and related existing workers referred to in article V.9, 1 ° and 2 °, and increases the selling price of raw materials referred article V.9, 3 °, are subject to the prior approval of the Minister.
New drugs, means all medicines referred to in article V.9, 1 °, developed for the first time on the market by a marketing authorisation holder on the market or the registration of the medicinal product or by a holder of a parallel import licence or all objects, equipment or substance, as referred to in article V.9, 2 °, which can be equated in whole or in part to drugs established for the first time on the market by a manufacturer, an importer or a Distributor.
By selling ex-factory price, means the price without VAT, which is charged to wholesalers, by the producer or the importer of the drug as referred to in article V.9, 1 °, or the sale price excluding VAT, which is charged to individuals for the issuance, by the manufacturer, importer or distributor of the object device or substance assimilated such as referred to in article V.9, 2 °.
§ 2. The King determines the conditions for admissibility of a request for price or price increase made by a holder of the authorisation of

placing on the market or registration of the drug or by a holder of a drug parallel import licence for medicinal products referred to in article V.9, 1 °, or by a manufacturer, an importer or a distributor of an object, device or substance related such as referred to in article V.9, 2 °, and by a manufacturer, an importer or a distributor of raw materials referred to in article V.9 3 °, and the time limits in which price decisions are meant business.
If the number of requests is exceptionally high, the time limits may be extended by the King.

§ 3. The King may exclude certain categories of drugs and related workers referred to in article V.9, 1 ° and 2 °, of the scope of Chapter 2.
§ 4. The King may prescribe all rules necessary for the implementation of the provisions of this article.
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5. In the absence of a decision to award within the time limits referred to in § 2, the applicant is entitled to apply the price or the requested price increase.
§ 6. The King may, by deliberate order in Council of Ministers set the conditions under which the Minister may impose reductions in prices for medicines and related workers referred to in article V.9, 1 ° and 2 °, existing.
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7. The Minister may grant a delegation for the individual price decisions referred to in this article.
Art V. 11. § 1. The King may, by deliberate order in Council of Ministers, decide a blocking all or part of the price of all drugs or categories of drugs and related workers referred to in article V.9, 1 ° and 2 °.
§ 2. If the price of medicinal products referred to in article V.9, 1 °, for which insurance benefits and health care intervention is planned, the Ministers for Economic Affairs and Social Affairs check at least once a year if the macro-economic conditions justify the maintenance of the lock.
§ 3. On request of a holder of the authorisation to place on the market or the registration of the medicinal product for medicinal products referred to in article V.9, 1 °, or of the importer or distributor of drugs equated such as referred to in article V.9, 2 °, the Minister may grant a derogation from the blocking of the price in exceptional cases and provided that specific reasons related to the profitability that are proven by the claimant so warrant.
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V. 12. § 1. The Minister may fix the sale price maximum ex-factory for the categories of drugs and related workers referred to in article V.9, 1 ° and 2 °, designated by him. These prices may be lower than the prices on the date of its decision.
§ 2. The Minister may fix margins maxima for wholesale distribution or the dispensation of medicines and related workers referred to in article V.9, 1 ° and 2 °, so that, where appropriate, the public sale price maxima.
For the fixation of maximum wholesale distribution margins and the issuance of repayable under article V.9, 1 ° drugs under compulsory insurance health care and benefits the Minister confers with the Minister that social affairs.
S. V. 13.
Prior to decisions and procedures which it takes pursuant to this chapter, the Minister shall consult with the Commission on the prices of drugs which the King fixed the status, composition and modalities of operation. The Minister also establishes reasonable time within which notice must be given.
After this period, the notice is no longer required.
S. V. 14. § 1. The holder of the authorisation to place on the market or the registration of the medicinal product, or a holder of a parallel import licence of the drug for medicinal products referred to in article V.9, 1 °, reimbursable under compulsory insurance health care and compensation and the company marketing refundable implants referred to in article 35, § 1, of the annex to the royal decree of 14 September 1984 establishing the nomenclature of health benefits compulsory sickness and invalidity insurance inserted by the royal decree of 24 August 1994, are required to communicate, after February 1st and before 1 March of each year at the Service of the federal public service economy, SMEs, Middle Classes and energy prices, the ex-factory price Excl. VAT charged in the Member States of the European Union appointed by the King, by Decree deliberated in the Council of Ministers on proposal of the Minister of the economy and the Minister of Social Affairs.
§ 2. The holder of the authorisation to place on the market or the registration of the medicinal product, or the holder of a parallel import licence for medicinal products referred to in article V.9, 1 °, non-reimbursable under insurance compulsory health care and allowances, the drug is required to communicate, after February 1st and before 1 March of each year at the Service of the price of the service federal public economy SMEs, Middle Classes and energy prices without VAT ex-factory prices in the Member States of the European Union appointed by the King by Decree deliberated in the Council of Ministers.
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3. The Minister may make an adaptation of the ex-factory price charged in Belgium under the conditions and according to the criteria determined by the King, by Decree deliberated in the Council of Ministers.
For medicinal products referred to in article V.9, 1 °, reimbursable under the compulsory insurance health care and allowances and reimbursable implants referred to the § 1, the Minister communicates to the Minister who has the Social Affairs in charge of the ex-factory price adaptations carried out so that it can adapt the basics of reimbursement or repayment amounts. "CHAPTER 3. -Repealing provisions and amending art. 6. in the law on the protection of economic competition, coordinated on September 15, 2006, as amended by the Act of May 6, 2009, are repealed: 1 ° the articles 1 to 37;
2 ° the articles 39-83;
3 ° sections 86 to 98.
S. 7. in the programme act of 22 December 1989 are hereby repealed: 1 ° article 313;
2 ° article 314, amended by laws of December 20, 1995, 14 January 2002 and 25 April 2007;
3 ° articles 315 and 316;
4 ° article 316bis;
5 ° article 317, amended by the law of 20 December 1995 and April 25, 2007;
6 ° article 318, as amended by the Act of April 25, 2007;
7 ° articles 320 to 322.
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8. articles 1 and 2 of the Act of March 27, 1969 the regulation of maritime and air transport are repealed.
S. 9. in the law of 22 January 1945 on economic regulation and prices are repealed: 1 ° in article 1, as amended by the laws of December 23, 1969 and July 20, 2006;
2 ° article 2, §§ 2A and 3;
3 ° article 2bis, inserted by the law of 14 January 2002.
S. 10. articles 609, 8 ° and 615, second paragraph, of the Judicial Code, inserted by the coordinated law of 15 September 2006, are hereby repealed.
S. 11. the royal decree of 31 October 2006 concerning the procedures for the protection of economic competition, is repealed.
S. 12. the royal decree of 31 October 2006 concerning the issuing of copies of the file under the law on the protection of economic competition coordinated on 15 September 2006, is repealed.
S. 13. the royal decree of 31 October 2006 concerning the introduction of complaints and applications referred to in article 44, § 1, 2 ° and 3 °, of the law on the protection of economic competition, coordinated on 15 September 2006, is repealed.
S.
14. the royal decree of 31 October 2006 concerning the payment and recovery of administrative fines and periodic penalty payments provided for by the law on the protection of economic competition, coordinated on 15 September 2006, is repealed.
S. 15. the Ministerial Decree of 31 October 2006 concerning the mode of transmission of the record of the competition Council to the Court of appeal of Brussels, is repealed.
S. 16. the Ministerial Decree of 31 October 2006 concerning the mode of transmission of the record of the proceedings of the sectoral regulator to the competition Council, is hereby repealed.
S. 17. the royal decree of 14 December 2006 on the status of the staff of the registry of the competition Council is hereby repealed.
S.
18. the royal decree of 21 May 2008 on the terms and the program of the competitions of qualification for the appointment of Auditors Assistant with the competition Council is hereby repealed.
S.
19. the royal decree of January 11, 2009, approving the rules of procedure of the auditor's office of the competition Council, is hereby repealed.
S. 20. in all legal provisions, "the competition Council" shall be replaced by the words "the Belgian competition authority.
In the orders, regulations, circulars and communications that mention of the competition Council, the words "the Council of competition" should be read as "the Belgian competition authority.
CHAPTER 4. -Provisions transitional art. 21 § 1.
The auditor general, listeners and listeners-Assistant under section 25 of the Act on the protection of economic competition, coordinated on September 15, 2006 when the repeal of the aforementioned law automatically transfers to the federal public service economy, SMEs, Middle Classes and energy, where they are attached to the Directorate-General competition with maintenance of their administrative and financial status.
§ 2. The staff made available by the federal public service economy, SMEs, Classes average and energy of the registry of the competition Council, referred to in articles 32 and 33 of the Act on the protection of economic competition, coordinated on 15 September 2006, is attached

Office-Directorate-General competition with maintaining its administrative and monetary, status when the repeal of the aforementioned law.
S. 22 § 1. Acts of procedure carried out in accordance with the Act on the protection of economic competition, coordinated on 1 July 1999, and the Act on the protection of economic competition, coordinated on 15 September 2006, continue to have effect for the purposes of book IV of the Code of economic law.
§ 2. Concerning the instructions for which no reasoned report was submitted to the competition Council on the date of entry into force of title 2, Chapter 1, section 2 of the book motivated supra IV, a draft decision is presented to the president of the Belgian competition authority in accordance with the procedures laid down in book IV supra.

§ 3. In cases involving restrictive practices in which a reasoned report already filed with the competition Council on the entry into force of title 2, Chapter 1, section 2 of book IV supra, the report is forwarded to the auditor general, and it is considered to be a statement of objections referred to in article IV.42, § 4 of the Code of economic law. The proceedings are continued as provided for in article IV.42, § 5, and the following provisions of book IV of the Code.
§ 4. In cases involving concentrations in which a reasoned report already filed with the competition Council on the entry into force of title 2, Chapter 1, section 2 of book IV of the Code of economic law, the report and the record of proceedings are delivered to the president of the authority of Belgium's competition which is a College without delay of the competition. The decision by the College of competition deadlines in article IV.61, § 2, paragraph 2, and article IV.62 § 6, code of economic law begin to run from the date on which the president receives the report and the folder again.
S.
23. the regulations and the sectoral or individual decisions taken in pursuance of the provisions referred to in articles 6 to 9, remain in effect until expressly repealed.
S.
24. the royal decree of 8 August 1975 establishing a Commission of the prices of medicinal products is considered to be made pursuant to article V.13 du Code of economic law.
CHAPTER 5. -Allocation of competencies art. 25. the laws and existing enforcement orders that refer to the repealed provisions referred to in articles 6 to 9 are presumed to refer to the equivalent provisions of the Code of economic law, as that inserted by this Act.
S. 26. the King may replace such references in the laws or existing orders to the repealed provisions referred to in articles 6 to 9 with references to the equivalent provisions of the Code of economic law, as inserted by the Act.
S. 27 the King can coordinate the provisions of the Code of economic law, as that inserted by this law, with provisions that would have expressly or implicitly modified at the time where the coordination will be established.
To this end, it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology without that it can be infringed the principles embodied in these provisions.
CHAPTER 6. -Entry into force art.
28. the King determines the date of entry into force of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, April 3, 2013.
ALBERT by the King: the Minister for the economy and consumers, J. VANDE LANOTTE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives.
Documents. -Bill, 53-2591 - No. 1.
-Amendments 53-2591 - No. 2. -Report, 53-2591 - No. 3. -Text adopted by the Commission, 53-2591 - No. 4. -Text adopted in plenary meeting and forwarded to the Senate, 53-2591 - No. 5.
Compte rendu intégral. -28 February 2013.
Senate.
Documents. -Project mentioned by the Senate, 5-1997 - No. 1. -Amendments 5-1997 - No. 2. -Report 5-1997 - No. 3. -Corrected by the commission, 5-1997 - No. 4 text. -Decision not to amend, 5-1997 - No. 5.
Annals of the Senate. -21 March 2013.
House of representatives.
Documents. -Bill, 53-2592 - No. 1. -Report, 53-2592 - No. 2.
-Text corrected by the commission 53-2592 - No. 3. -Text adopted in plenary meeting and forwarded to the Senate, 53-2592 - No. 4.
Compte rendu intégral. -28 February 2013.
Senate.
Documents.
-Draft transmitted by the House of representatives, 5-1998 - No. 1. -5-1998 - No. 2 report. -Text corrected by the commission, 5-1998 - No. 3. -Text adopted at the plenary and subject to Royal assent, 5-1998 - No. 4.
Annals of the Senate. -21 March 2013.