On 29 April 2025, the Belgian Competition Authority ("BCA") published its Priority Paper for 2025, outlining the sectors and strategic initiatives that will be at the forefront of its enforcement activities in the forthcoming year. 

The economic sectors which it identifies as priority remain largely unchanged compared with previous years. In contrast, however, the BCA intends to further enhance its investigatory toolkit by using instruments which allow it to detect anti-competitive behaviour proactively (as opposed to relying mainly on complaints or leniency applications). Together with the authority’s budget increase and significantly increased headcount, this may signal increased enforcement of Belgian competition law going forward.

2025 priority sectors remain in line with previous years

For 2025, the Belgian Competition Authority (BCA) has identified five priority sectors. These priority areas remain substantially consistent with previous years, with certain notable modifications, such as the designation of the construction sector as a new priority.

1.The agro-food value chain

The BCA has identified this sector as high-risk for potential market distortions based on analyses from both the Price Observatory and its own surveys. 

Multiple formal investigations are ongoing regarding various practices in this sector, with a recent notable decision in the potato sector resulting in binding commitments by a trade association regarding price index systems for potatoes destined for processing. The Authority will be particularly vigilant about consolidation in already concentrated food sectors and addressing sustainability challenges. 

2. Construction

The most significant change is the designation of the construction sector as a distinct priority area for 2025. The construction sector faces significant challenges from price increases in energy and raw materials, alongside growing sustainability demands.The Price Observatory has identified construction, including building materials, as high-risk for market distortions. 

The BCA will focus on competitive dynamics throughout the value chain, notably with regard to the pass-through of major cost items, (e.g. energy prices and raw materials) and the use of public procurement procedures, particularly for complex projects.

Energy no longer appears as a standalone priority. Rather, energy-related concerns have been incorporated within other sector priorities. 

3. Healthcare and pharmaceuticals

Healthcare, including pharmaceuticals, remains a priority given its societal and economic significance, with the hospital sector alone having an annual turnover of approximately €20 billion.

Following a March 2024 regulatory change exempting most licensed hospital mergers from prior merger control, the BCA will continue to monitor consolidation and act against anti-competitive practices involving healthcare institutions and professionals. In July 2024, the BCA conditionally approved the merger between major hospitals in Antwerp demonstrating the Authority's ongoing scrutiny of significant healthcare consolidations.[1]

For pharmaceuticals, the BCA targets all value chain links including laboratory pricing, wholesaler-distributor competition, and pharmacy-level dynamics, with particular attention to pharmacy network consolidation. The BCA has demonstrated robust enforcement in this sector, as evidenced by the following decisions: 

• In February 2022, the BCA imposed sanctions upon two pharmaceutical wholesalers for their participation in a cartel, culminating in settlement fines totalling €29.8 million.[2]
• More recently, on 24 April 2025, the BCA levied fines of €11.2 million against Johnson & Johnson Consumer, Boehringer Ingelheim and Haleon for engaging in anti-competitive category management arrangements concerning over-the-counter medicines distributed through Belgian pharmacies.[3]
• Another significant abuse of dominance investigation is still ongoing. On 17 March 2025, the BCA issued a statement of objections to the Roche Group, alleging abuse of dominant position by impeding market entry of biosimilar competitors for two anti-cancer medicines.[4]

4. Basic services including regulated professions, financial and banking services, energy, and transportation

The BCA shall maintain rigorous enforcement of competition laws across financial services (banking, payment and insurance), legal services, audit services, security services and quality control bodies.

This enforcement priority aligns with the BCA's opinion of 31 October 2023, issued in response to a formal request from Deputy Prime Minister and Minister for the Economy and Labour, Pierre-Yves Dermagne. The opinion addressed potential competition deficiencies in the retail banking sector, particularly concerning the inadequate remuneration of savings accounts despite significant increases in the European Central Bank's ("ECB") key interest rates.[5]

More recently, on 25 March 2025, the BCA adopted a decision accepting commitments from major Belgian banks—BNP Paribas Fortis, KBC, ING and Belfius—concerning their joint ATM network (Batopin). Batopin was established by these banks to replace their individual ATM networks with a single optimised network. In its investigation, the BCA examined the impact on ATM accessibility, service quality and competition in the cash distribution market. To address the BCA's concerns, Batopin and the founding banks committed to expanding the ATM network whilst maintaining service quality standards.[6]

5. Digitalisation of the economy & telecommunications sector

As digital transformation affects all economic sectors, the BCA will focus on online platforms creating new forms of dependency, potential abuse of dominance, digitalisation of after-sales services, and ensuring access to key inputs for AI development.

The BCA will actively contribute to implementing the Digital Markets Act (DMA) and has already published a guide for tech challengers explaining DMA opportunities. For more information regarding the role of National Competition Authorities under the DMA, we refer to our previous article on this topic. 

For telecommunications specifically, the BCA will monitor the deployment of new infrastructures and work to improve competitive dynamics, particularly in light of new operator DIGI Belgium's market entry in December 2024.

The BCA has consistently maintained vigilant oversight of the telecommunications sector, as evidenced by the recent EDPnet matter and the initiation, on 26 July 2024, of an investigation into an agreement concerning the deployment of fibre telecommunications networks throughout the Flanders region.

Enhanced tools for a more proactive competition law enforcement

Beyond sectoral focus areas, the BCA has outlined five strategic priorities to strengthen its enforcement capabilities: 

1.Sector research and policy guidelines

As previously announced, the BCA will employ its investigative powers more systematically to identify market dysfunctions. A significant general inquiry into sectoral price revision and indexation mechanisms across the Belgian economy will commence in 2025.

The Authority has announced its intention to publish, throughout 2025, substantive guidance documents addressing three critical areas: sustainability (with particular relevance to the agri-food sector), the Authority's comprehensive digital policy framework, and detailed clarification of competition rules governing employee mobility (including definitive guidance on the legality of no-poach agreements).

2. Combatting bid rigging 

Public procurement, representing approximately 14% of GDP (exceeding €80 billion annually in Belgium), remains a primary focus of the BCA's anti-cartel enforcement strategy. The Authority is enhancing its bid rigging detection capabilities through sophisticated analytical tools for e-procurement data analysis, complemented by continued investment in cartel awareness programmes and advanced detection methodologies.

For more information on the detection of bid-rigging, we refer to our previous article on this topic. 

3. Strengthening the legal framework in merger control

The BCA plans to enhance merger control rules in 2025, including modifications to the notification form and reviewing criteria for simplified merger control procedures. 

It will also further evaluate the introduction of a "call in" competence to examine mergers below notification thresholds. The proposed measure addresses growing concerns regarding "roll-up" and "killer" acquisitions, whereby established market participants systematically acquire smaller competitors or innovative market entrants without triggering mandatory notification requirements, potentially undermining competitive dynamics within the Belgian economy. 

The BCA has demonstrated a proactive stance towards below-threshold mergers by applying the Towercast case law. The Authority first relied upon this jurisprudence when addressing concerns that Proximus, Belgium's incumbent telecommunications operator, was abusing its dominant position through the acquisition of EDPnet, a telecommunications provider. In the Dossche Mills case, the BCA similarly invoked this case law when investigating concerns that the acquisition deal between Dossche Mills and Ceres would amount to an anti-competitive agreement. The President of the Belgian Competition Authority has consistently advocated for the introduction of "call-in" merger control powers to remedy the so-called enforcement gap in competition law. According to the President, continued reliance upon the Towercast jurisprudence and traditional enforcement mechanisms addressing anti-competitive agreements or abuses of dominant position is not desirable. 

Furthermore, the BCA shall continue to explore the development of a "New Competition Tool", designed to formulate remedial measures addressing structural market distortions identified through sectoral investigations.

Practical Recommendations

• Ensure a proactive compliance review: It is advised regularly to review your compliance practices, in particular for companies active in one of the BCA’s priority sectors or which engage regularly in public procurement procedures. Policies and procedures should be adjusted where required to avoid compliance incidents and it is recommended to provide regular training to employees.
• Establish clear internal reporting channels: Establishing clear internal reporting channels is beneficial as it reduces chances of being caught off guard by an external investigation. Moreover, the EU Whistleblower Directive mandates this for certain companies.
• Substantive assessment of M&A activity: In light of the BCA’s increased scrutiny of below-threshold transactions, it has become essential to conduct a high-level substantive competition law assessment for all transactions, regardless of whether they meet the turnover thresholds for mandatory notification. This preliminary evaluation should include determining if notification is required, assessing whether the BCA might review the transaction despite being below-threshold (under the Towercast case law or potential future call-in powers), and, if either scenario applies, evaluating whether the transaction could raise competition concerns and identifying potential remedies.

If you need more information or further guidance in this area, please contact Baptist Vleeshouwers or Claire De Neve.

VISIT OUR COMPETITION LAW HOMEPAGE

[1] Decision of the Belgian Competition Authority BMA-2024-CC-24 of 1 July 2024 in case MEDE-CC-23/0037 GZA Ziekenhuizen – Ziekenhuis Netwerk Antwerpen / Ziekenhuis aan de Stroom. 

[2] Decision of the Belgian Competition Authority ABC‐2022‐I/O‐06‐ AUD of 18 February 2022 in case CONC‐I/O‐16/0034‐ Grossistes en produits pharmaceutiques. 

[3] Press Release of the Belgian Competition Authority, no. 16-2025. 

[4] Press Release of the Belgian Competition Authority, no. 11-2025.

[5] Advice of the Belgian Competition Authority of 31 October 2023 with respect to retail banking services (INF-23-011 - Banks).  

[6] Decision of the Belgian Competition Authority ABC-2025-RPR-10-AUD of 24 March 2025 in case CONC-RPR-22/0001 Batopin.