Fine imposed on Belgian National Lottery for using data anti-competitively

This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.

On 23 September 2015, the Belgian Competition Authority imposed a fine of €1.19m on Loterie Nationale, the Belgian national lottery operator, for abusing its dominant position when launching a separate and competitive sports betting product, Scooore!

Loterie Nationale holds a legal monopoly with regard to the organisation of public lotteries in Belgium. According to the Belgian Competition Authority’s decision, in 2013, Loterie Nationale used individual contact details acquired in the context of its lottery operations to send an email announcing the launch of Scooore! In the decision issued by the Belgian Competition Authority, it was held that this single action represented an abuse of Loterie Nationale’s dominant position under Belgian competition law.

In reaching its finding in the case, the Belgian Competition Authority noted that the relevant data had not been acquired in the context of competition on the merits and could not be reproduced by competitors on the market at a reasonable cost or within a reasonable timeframe.

The Belgian Competition Authority also found evidence that Loterie Nationale had requested commercially sensitive information about its competitors from its retail outlets. This reduced uncertainty in the market for Loterie Nationale and also represented an infringement of competition law.

The Belgian Competition Authority’s investigation was commenced in July 2013 following wide-ranging complaints from a number of companies active in the Belgian sports betting market, including Stanleybet, Sagevas, WFU and PMU. Dawn raids were carried out at Loterie Nationale’s premises as a result of the complaints.

Loterie Nationale cooperated with the Belgian Competition Authority and received a 10 per cent reduction in the amount of its fine.