Can I sue for antitrust damages in Belgium if I suspect a cartel charged inflated prices?

Hello and best regards,

Yes, you can absolutely sue for antitrust damages in Belgium. In fact, Belgian law was specifically updated in 2017 to make this easier for businesses like yours that have been harmed by price-fixing cartels.

Here is a summary of your legal situation and options:

1. Do you need to go to the Competition Authority first?
No, you do not have to wait for the Belgian Competition Authority (BCA). You have two options:

Stand-alone Action: You can sue the suppliers directly in the Belgian courts right now (the Enterprise Court, Ondernemingsrechtbank / Tribunal de l’entreprise) without any prior decision from an authority. However, you would have to prove the cartel exists yourself, which can be difficult.

Follow-on Action: If the BCA or the European Commission has already fined these suppliers, you can sue for damages based on that decision. This is much easier because the authority's decision serves as irrefutable proof that the illegal conduct occurred.​

Important distinction: The Competition Authority fines companies for breaking the law, but it does not award compensation to victims. To get your money back, you must bring a private claim in court.​

2. What evidence is required?
Belgian law (incorporating the EU Damages Directive) now includes powerful tools to help you:

Presumption of Harm: The court will presume that a cartel caused you harm (i.e., that prices were inflated). The burden is on the suppliers to prove they didn't inflate prices.​

Quantification: You still need to calculate exactly how much you were overcharged. This usually requires an economic assessment.

Disclosure: If you lack evidence (like internal supplier emails), you can ask the Belgian court to order the suppliers to disclose relevant evidence to you.​

3. What are the time limits?
The statute of limitations is generally 5 years.​

The clock starts ticking only when you know (or should reasonably know) about the infringement, the harm it caused you, and the identity of the infringer.

Crucially, if the Competition Authority starts an investigation, the time limit is suspended until their decision is final, plus one year.​

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