Belgian Competition Authority’s dawn raids in the passenger transport sector
On 11 September 2024, the Belgian Competition Authority (BCA) announced that it had initiated dawn raids on several companies active in the supply of passenger transport services by bus and coach.
The BCA conducted several inspections at businesses involved in the bus and coach passenger transport sector on suspicion of price-fixing, market sharing, bid- crigging, and no-poaching of personnel. These alleged actions could constitute illegal agreements that infringe Article IV.1 of the Code of Economic Law and Article 101 of the Treaty on the Functioning of the European Union.
The concerned undertakings organised bus trips for public transport companies such as the Walloon TEC and De Lijn, active in Flanders. Other services cover transport services such as school transport and travels.
Such inspections constitute a preliminary step in the investigation of restrictive practices and could have been initiated by a complaint or a leniency application submitted by a member of a cartel willing to cooperate in exchange for full immunity.
Inspections do not necessarily imply that the concerned undertakings have taken part to an infraction to competition, nor do they prejudge the outcome of the investigation.
The BCA will now examine the seized documents, address information requests and may receive one or more leniency applications that could accelerate the investigation. The parties may also enter a settlement procedure that could result in a reduction in the fine.
Despite the end of the COVID-19 pandemic and an increase in the BCA’s resources, dawn raids remain limited in Belgium.
