On 3 March 2026, the Belgian Competition Authority (“BCA”) announced that it had carried out dawn raids at several companies active in the road signage and street furniture sectors. These actions followed serious indications of potential manipulation of public procurement procedures, also known as bid rigging, and other practices that may infringe competition law and more precisely Article IV.1 of the Code of Economic Law (“CEL”) and Article 101 TFEU, which prohibit anti-competitive agreements between undertakings.
The BCA has not excluded the possibility that certain practices under review could also fall within Article IV.2 CEL and Article 102 TFEU, relating to abuses of a dominant position.
Under Article IV.40/2 CEL, and in accordance with its recently updated guidelines on dawn raids, the BCA may carry out inspections with immediate access to all business premises, including IT systems and electronic environments. Investigators may search and access physical and digital files, make copies of data, seal and secure documents and servers, and review electronic records, subject to later verification regarding privilege or relevance. At the conclusion of an inspection, the BCA prepares a formal inspection report, and any contested materials are sealed and inventoried for later assessment.
Dawn raids remain rare in Belgium. The BCA carried out such unannounced inspections in 2024 in the bus transport sector and in 2025 in the personal care and retail sectors. Such inspections usually follow leniency applications, which allow undertakings or individuals that voluntarily disclose relevant information to benefit from full immunity or partial reduction of fines. Such leniency applications were very popular when first put in place but have diminished in recent years. The BCA also maintains secure reporting channels for whistleblowers willing to disclose anti-competitive conduct.
The duration of an investigation varies and depends on factors such as the complexity of the case and the degree of cooperation by the undertakings concerned, for instance whether they are willing to enter a settlement procedure.
Given the BCA’s continued focus on public procurement and its broader enforcement strategy, the BCA reminds the undertakings involved in public procurement to maintain strict compliance with competition law, particularly regarding exchanges of information with competitors, joint bidding and the preparation of offers. In January 2026, the BCA presented its revised Guide on competition rules in public procurement and submitted it for a public consultation. This Guide aims at explaining the relevant competition law principles and at outlining the risks associated with public procurement procedures, and it contains practical recommendations and best practices for public buyers to prevent these risks. The BCA’s 2026 priorities confirm that while specific sectors receive more attention, enforcement remains active across all markets where infringements may arise.
