How do I file a cartel damages claim in Belgium and what proof is needed?

Hello
Yes, it is possible to file a damages claim for cartel-related losses in Belgium. Here is a guide on how to approach this based on Belgian and EU competition law.

Filing a Claim and Proving Harm
Under Belgian law, any individual or business that has suffered harm due to an infringement of competition law, such as a price-fixing cartel, has the right to claim full compensation for the damages incurred. A significant advantage for claimants is the legal presumption that cartels cause harm. This means the burden of proof is eased, as the court starts with the assumption that the cartel's activities led to financial losses for its customers.​

While this presumption is helpful, you still bear the burden of proving that you personally suffered harm and establishing a causal link between the cartel's actions and your specific losses. The evidence you should gather includes:​

Proof of transaction: Invoices, contracts, and payment records showing the prices you paid for construction services or materials during the suspected cartel period.​

Market data: Evidence of price inflation, such as comparisons with prices in other regions or prices before and after the cartel's alleged activity.​

Communications: Any correspondence or documents that suggest collusion or anti-competitive behavior.​

Belgian courts have the authority to order companies to disclose relevant evidence, which can be crucial for strengthening your claim.​

Individual vs. Collective Action
You have the option to sue individually or as part of a group. Belgian law accommodates collective action claims, but they must be initiated through a designated group representative. Pursuing a collective action can be more efficient and less costly than filing an individual lawsuit.​

Furthermore, European Union law supports the right to collective redress. The European Court of Justice has indicated that national laws cannot make it excessively difficult or impossible for victims to group their claims, especially if individual legal action is impractical. This strengthens the basis for a collective claim in Belgium. All firms that participated in the cartel are held liable for the entire damage, allowing you to choose which company to sue.​

Timelines and Costs
Timelines: You generally have five years to file a damages claim, starting from the time you became aware of the infringement and the harm it caused. Alternatively, if a national competition authority has already issued a final decision on the cartel, you have at least one year from the date of that decision to bring your claim.​

Costs: The costs associated with a cartel damages claim can vary significantly based on the complexity of the case, the amount of evidence required, and legal fees. To manage expenses, Belgian law encourages out-of-court settlements, and a court can suspend proceedings for up to two years if the parties are engaged in settlement negotiations.​

For personalized guidance on how to navigate this process and build your case, feel free to contact me on WhatsApp for a low-cost consultation.