Belgian Competition Authority Seeks Interim Measures Against Acquisition Not Caught by Merger Control Rules
Last month, the Belgian Competition Authority (BCA) decided to open abuse of dominance proceedings against telecommunications operator Proximus on account of that party’s acquisition of struggling Edpnet (see, Life Sciences News and Insights, 23 March 2023). On 20 April 2023, the BCA’s chief prosecutor turned up the pressure several notches when seeking interim measures that should, in the BCA’s words, “ensure the continuity of the activities of Edpnet, while maintaining its operational and commercial independence from Proximus” (see, attached press release). In pursuing these “hold separate” measures, the BCA will walk a tightrope in keeping Edpnet away from the embrace of Proximus, while still wishing to secure the financial lifeline which Proximus extended to lift Edpnet out of judicial reorganisation proceedings. The interim measures should apply for the duration of the BCA’s review of the transaction.