On 30 June 2025, the Belgian Competition Authority (BCA) published its 2024 Annual Report, outlining notable leaps in its enforcement activity, institutional growth, and an increasingly assertive approach towards potentially anticompetitive conduct in the Belgian market.

The 2024 Landscape

In 2024, the BCA reaped the benefits of the European ECN+ Directive's transposition, resulting in enhanced funding and a substantial increase in staff levels from 65 to 80 (see here on the transposition of the ECN+ directive).[1] This augmentation of resources has enabled the Authority to expand its investigative capabilities and embark upon more ambitious initiatives, including initiating a sector inquiry on its own initiative.

Alongside this organisational enhancement, the BCA has underscored the critical importance of public procurement enforcement, identifying collusion in substantial government contracts as a principal enforcement priority.

Selected Enforcement Highlights

Merger Control in Full Swing

The BCA handled 42 merger notifications in 2024, eight of which required scrutiny under the normal procedure rather than benefiting from the fast-track (simplified) procedure.[2] Several cases were ultimately cleared with commitments (toezeggingen / engagements), which, according to the annual report, shows the BCA’s willingness to address potential competition concerns early on.

Amongst the most significant mergers was the formation of Ziekenhuis aan de Stroom, resulting from the consolidation of Ziekenhuis Netwerk Antwerpen and GasthuisZusters Antwerpen. This transaction created one of Europe’s largest hospital groups, prompting the BCA to impose conditions pertaining to non-regulated services and pricing – most notably fee and room supplements – to safeguard consumer interests.

In Belgium, accredited hospitals are generally exempt from merger control.[3] However, this exemption does not apply when the merging hospitals have a combined turnover exceeding EUR 900 million, and at least two of them each have a turnover of more than EUR 250 million.[4] Since Ziekenhuis Netwerk Antwerpen and GasthuisZusters Antwerpen exceeded these turnover thresholds, their merger required BCA approval.

Given the BCA’s ongoing focus on the food and retail sector, it welcomed the opportunity to scrutinise Colruyt Group’s acquisition of 57 Smatch, Match or Louis Delhaize supermarkets. The BCA assessed possible adverse effects of combining local supermarket outlets, such as price increases or reduced product variety for consumers, and it ultimately cleared the transaction after the parties decided to remove certain problematic stores from the scope of the transaction to address the authority’s concerns. These stores are, in the meanwhile, permanently closed.

Finally, the Annual Report highlights the BCA’s proactive approach to competition enforcement regarding below-threshold mergers (as recently seen here). The BCA has also floated the idea of “call-in” powers to review transactions that technically avoid notification requirements but could nonetheless significantly affect competition (see here).

Enhanced Scrutiny of Public Tenders

Recently, the BCA reaffirmed that public tenders and combating bid rigging remain paramount enforcement priorities (see here). In 2024, the BCA reached a settlement with companies involved in a bid rigging cartel within the fire safety sector. This anticompetitive conduct, which persisted for more than seven years, encompassed the sale, rental, and maintenance of fire extinguishers and hose reels for public institutions, including schools, municipalities, social housing organisations, and public transport providers.

This case helped the BCA enhance its strategy for detecting and preventing bid rigging in essential public contracts. Consequently, the BCA has allocated dedicated resources and personnel to public procurement issues and is refining digital investigation tools to identify suspicious patterns in e-procurement data without relying solely on leniency applications. Furthermore, the BCA is launching awareness campaigns and engaging with contracting authorities to help them identify red flags and report potential infringements (see also here).

Practical Implications for Businesses

1. Reinforce compliance – Organisations, particularly those engaged in public tenders, should implement robust policies to prevent collusion and bid rigging. The BCA's enhanced digital detection capabilities indicate reduced dependence on leniency as the primary catalyst for investigations. Regular training based on real-life scenarios, combined with systematic monitoring of all forms of engagement in public tenders, can significantly mitigate risks.
2. Merger preparedness – Even below-threshold transactions may attract scrutiny if they risk eliminating competition. Early assessment of potential local market impacts—including fees, pricing structures, and consumer interests—can expedite the clearance process.
3. Digital ecosystems – Market participants operating on or in conjunction with digital platforms should remain cognisant of emerging competition rules, particularly as the BCA supports the European Commission – which retains exclusive competence for enforcement – in implementing the Digital Markets Act at the national level.
4. Sector-specific vigilance – Enterprises operating within priority sectors – including construction, healthcare and pharmaceuticals, agriculture and food retail, energy markets, the digital economy, and telecommunications – should note the BCA’s active interest. These sectors can expect close oversight regarding pricing practices, market consolidation, and broader economic implications.

The BCA's 2024 Annual Report demonstrates a clear trajectory towards more robust competition enforcement in Belgium, supported by increased resources and strategic focus on key sectors. Businesses operating in the Belgian market should take note of the Authority's enhanced capabilities and proactive stance, particularly in the areas of merger control and public procurement oversight.

If you need more information or further guidance in this area, please contact Baptist Vleeshouwers and David Wouters.

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[1] Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (ECN+ Directive), OJ L 11, 14.1.2019, p. 3–33; the law of 28 February 2022, published in the Belgian Official Journal (Belgisch Staatsblad / Moniteur belge) on 7 March 2022 and effective as of 17 March 2022 transposed the ECN+ Directive into the Belgian Code of Economic Law.

[2] The simplified procedure is laid down in Article IV.70 of the Belgian Code of Economic Law; the normal procedure in Article IV.63 of the Belgian Code of Economic Law.

[3] Article 2, §3, para. 1 of the Belgian Hospital Act, as amended by the Law of 29 March 2024 published in the Belgian Official Journal on 3 May 2024.

[4] Article 2, §3, para. 2 of the Belgian Hospital Act, as amended by the Law of 29 March 2024 published in the Belgian Official Journal on 3 May 2024.