contrast, Minervastraat 5, Zaventem (2026)

29/05/2026

𝐂𝐚𝐫𝐭𝐞𝐥 𝐝𝐚𝐦𝐚𝐠𝐞𝐬: 𝐩𝐫𝐨𝐯𝐢𝐧𝐠 𝐡𝐚𝐫𝐦 𝐢𝐬 𝐡𝐚𝐫𝐝𝐞𝐫 𝐭𝐡𝐚𝐧 𝐢𝐭 𝐬𝐞𝐞𝐦𝐬

In a recent article published in SEW (https://eu1.hubs.ly/H0vKnsK0), our partner Sébastien Engelen and senior associate Lise Ryckaert analyse the Brussels Court of Appeal’s judgment of 18 November 2024 on the European Commission’s damages claim following the 2007 Elevators cartel decision.

𝐓𝐡𝐞 𝐤𝐞𝐲 𝐭𝐚𝐤𝐞𝐚𝐰𝐚𝐲? Even where a cartel infringement is established, claimants still face a high evidentiary burden to prove actual harm and causation. In this case, despite a confirmed infringement, the Commission’s claim ultimately failed due to lack of concrete evidence of harm and causation.

Interestingly, by 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 more recent case law (Ghent Court of Appeal, Trucks cartel, 15 September 2025) points to a more pragmatic approach, with Belgian courts increasingly willing to estimate damages where precise proof is difficult.

This analysis highlights the growing importance of the EU Damages Directive (including, among other things, the presumption of harm and enhanced access to evidence), as well as the decisive role of judicial assessment in cartel damages claims.

👉 You can read the full analysis here: https://eu1.hubs.ly/H0vKqCd0

Feel free to reach out if you’d like to discuss further or have any questions.

21/05/2026

𝐈𝐦𝐚𝐠𝐢𝐧𝐞 ... 💭

It is Monday morning after your well-deserved holiday. You take a coffee and start reviewing your inbox.

You have a mail from your Chief Business Development Officer informing you that she identified a potential licensee for the secret recipe of your company’s chocolate spread. She booked a meeting at 10 am to cover the main dos & don’ts when negotiating the terms of the licence.

Just before you went on holiday, management decided that the company will in addition to producing its own chocolate spread, also license its secret recipe out to a few selected others.

Your CBDO already included some initial questions in her e-mail:
• “Will we be able to protect our recipe?”
• “Can we prevent our licensees from selling everywhere?”
• “Can we limit how much they produce?”
• “What about prices?”
• “And customers?”

You pause. You know that not only IP, but also competition law matters here. You remember that there is an EU competition law framework for technology licence agreements; something called the TTBER? Would that be applicable?

Your AI researcher confirms and adds that a brand new TTBER entered into force on 1 May 2026.

𝐖𝐚𝐧𝐭 𝐭𝐨 𝐤𝐧𝐨𝐰 𝐦𝐨𝐫𝐞? Read our latest ‘Tech on fast forward. Rules for tech licence agreements (mostly) on repeat’: https://eu1.hubs.ly/H0vwDhQ0, or contact our competition partner Herlinde Burez.

19/05/2026

𝐌&𝐀 𝐀𝐧𝐧𝐨 𝟐𝟎𝟐𝟔

On 4 June, our colleagues Kristof De Wael, corporate counsel, and Marthe Wouters, corporate paralegal, will be speaking at ‘𝐌&𝐀 𝐀𝐧𝐧𝐨 𝟐𝟎𝟐𝟔’ organised by M&D Seminars.

This full-day seminar brings together legal professionals for a practical update on the latest developments in M&A.

During their session, Kristof and Marthe will share insights on current M&A trends, based on the key findings from our 6th M&A Survey.

𝐈𝐧𝐭𝐞𝐫𝐞𝐬𝐭𝐞𝐝 𝐢𝐧 𝐣𝐨𝐢𝐧𝐢𝐧𝐠? You can find more information via the NCOI website:
https://eu1.hubs.ly/H0vqSnb0

We look forward to seeing you there!

12/05/2026

Last Friday, our counsel Laura Sente and senior associate Michèle de Clerck gave a guest lecture at the Law Faculty of the University of Brussels, where our partner Filip Tuytschaever teaches EU competition law. They discussed the core principles of merger control, drawing on practical scenarios and examples.

Thanks to the students for their active participation!

Friendly reminder that the 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 winter internship applications for 2027 are open! Are you free in January 2027 and eager to gain hands-on experience? Apply now via our website 👉 https://eu1.hubs.ly/H0vdsDl0

11/05/2026

𝐓𝐡𝐞 𝐁𝐞𝐥𝐠𝐢𝐚𝐧 𝐅𝐏𝐒 𝐄𝐜𝐨𝐧𝐨𝐦𝐲 𝐢𝐬𝐬𝐮𝐞𝐬 𝐚 𝐅𝐀𝐐 𝐨𝐧 𝐮𝐧𝐟𝐚𝐢𝐫 𝐭𝐫𝐚𝐝𝐢𝐧𝐠 𝐩𝐫𝐚𝐜𝐭𝐢𝐜𝐞𝐬 (𝐔𝐓𝐏) 𝐢𝐧 𝐭𝐡𝐞 𝐚𝐠𝐫𝐢𝐜𝐮𝐥𝐭𝐮𝐫𝐚𝐥 𝐚𝐧𝐝 𝐟𝐨𝐨𝐝 𝐬𝐮𝐩𝐩𝐥𝐲 𝐜𝐡𝐚𝐢𝐧.

The UTP rules are designed to protect suppliers of agricultural and food products against unfair commercial practices by buyers. This FAQ provides guidance, notably on the scope of application of the rules and the list of prohibited practices in supplier–buyer relationships.

Its publication confirms the ongoing enforcement focus of the FPS Economy on fair trading practices in the agri-food sector. Companies active in the agri-food supply chain would be well advised to review their contractual arrangements and commercial practices in light of these rules and the FAQ.

👉 𝐌𝐨𝐫𝐞 𝐢𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧: the guidelines are available in French and Dutch on the FPS Economy website.

• The French version: https://eu1.hubs.ly/H0vbsSP0
• The Dutch version: https://eu1.hubs.ly/H0vbqlc0

👉 𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? Feel free to reach out to our commercial team or your usual contact person at 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭.

04/05/2026

𝐍𝐨-𝐩𝐨𝐚𝐜𝐡 𝐚𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭𝐬 𝐚𝐫𝐞 𝐧𝐨𝐭 𝐚𝐮𝐭𝐨𝐦𝐚𝐭𝐢𝐜𝐚𝐥𝐥𝐲 ‘𝐛𝐲 𝐨𝐛𝐣𝐞𝐜𝐭’ 𝐫𝐞𝐬𝐭𝐫𝐢𝐜𝐭𝐢𝐨𝐧 𝐨𝐟 𝐜𝐨𝐦𝐩𝐞𝐭𝐢𝐭𝐢𝐨𝐧

In its preliminary ruling of 30 April 2026 in the 𝐂𝐃 𝐓𝐨𝐧𝐝𝐞𝐥𝐚 𝐜𝐚𝐬𝐞, the European Court of Justice (ECJ) reiterated that a by object qualification is never automatic or presumed. It must be interpreted strictly and assessed on the basis of (i) the content of the agreement, decision or practice, (ii) the economic and legal context and (iii) the objectives pursued.

The case concerned a temporary no-poach commitment between Portuguese professional football clubs in 2020. While the ECJ acknowledged that such an arrangement constitutes a manifest restriction of a key competitive parameter, namely the recruitment of players, and may also have an indirect impact on remuneration, it also made one thing very clear: 𝐜𝐨𝐧𝐭𝐞𝐱𝐭 𝐚𝐧𝐝 𝐨𝐛𝐣𝐞𝐜𝐭𝐢𝐯𝐞𝐬 𝐦𝐚𝐭𝐭𝐞𝐫.

Here, the COVID-19 context and the objective of ensuring a fair conclusion of the suspended competition are emphasised by the ECJ. The suspension of the ongoing competition created a risk that clubs would lose end of contract players before the season could be completed to the detriment of fair competition. The ECJ therefore gave strong guidance to the referring Portuguese court arguing against a by object qualification in the present circumstances.

In case of a by effect qualification, the ECJ reiterated that the pursuit of legitimate objectives may, in certain circumstances, outweigh restrictive effects.

The judgment also contains an important reminder on the broad understanding of what may constitute a decision of an association of undertakings. Although the no-poach concerned an agreement between clubs, the presence of the association’s president in the public announcement was sufficient for that characterisation.

𝐌𝐚𝐢𝐧 𝐤𝐞𝐲 𝐭𝐚𝐤𝐞𝐚𝐰𝐚𝐲𝐬:

1. No-poach agreements remain high-risk.
2. By object infringements are never automatic or presumed.
3. Associations should be careful: even a small role may have large consequences.

💬 𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? Feel free to reach out to our competition team or your usual contact person at 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭.

17/04/2026

𝐑𝐞𝐯𝐢𝐬𝐞𝐝 𝐄𝐔 𝐜𝐨𝐦𝐩𝐞𝐭𝐢𝐭𝐢𝐨𝐧 𝐟𝐫𝐚𝐦𝐞𝐰𝐨𝐫𝐤 𝐟𝐨𝐫 𝐭𝐞𝐜𝐡𝐧𝐨𝐥𝐨𝐠𝐲 𝐥𝐢𝐜𝐞𝐧𝐬𝐢𝐧𝐠 𝐚𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭𝐬

On 16 April 2026, the Commission adopted a revised version of the Technology Transfer Block Exemption Regulation (TTBER) and the Technology Transfer Guidelines (TTBER Guidelines).

The revised framework enters into force on 1 May 2026. But don’t panic: a one-year transitional period (until 30 April 2027) applies to agreements already in force on 30 April 2026 that satisfied the conditions for exemption under the previous TTBER. This makes the coming months a key window to review existing technology licensing agreements and to future proof new ones.

Key updates compared to the 2014 framework include:

• A clarification that the TTBER’s exemption does not apply to the 𝐥𝐢𝐜𝐞𝐧𝐬𝐢𝐧𝐠 𝐨𝐟 𝐝𝐚𝐭𝐚 unless that data also qualifies as one of the existing technology rights, such as production know-how. That said, the TTBER Guidelines do provide guidance.
• New guidance on licensing negotiating groups (LNGs), covering the distinction between genuine LNGs and buyer cartels and relevant factors for assessing whether a genuine LNG may nevertheless likely lead to restrictive effects. Last year, the Commission also gave informal guidance on this topic to the automotive industry (see: https://eu1.hubs.ly/H0tBZl_0).
• Further changes to clarify and simplify compliance, notably regarding the application of the TTBER’s market share thresholds for technology markets and the conditions of the soft safe harbour for technology pools.

👉 𝐌𝐨𝐫𝐞 𝐢𝐧𝐟𝐨: The revised TTBER and Guidelines are available on DG COMP’s website (see: https://eu1.hubs.ly/H0tBYyH0), together with an explanatory note summarising the main changes.

👉 𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? Feel free to reach out to our competition team or your usual contact at 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭. Stay tuned in any event for our monthly newsletter on the topic shortly.

16/04/2026

𝐋𝐞𝐭'𝐬 𝐜𝐞𝐥𝐞𝐛𝐫𝐚𝐭𝐞 𝐀𝐝𝐦𝐢𝐧𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐯𝐞 𝐏𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥𝐬 𝐃𝐚𝐲!

Today, we shine the spotlight on our team behind the scenes.

You organise seminars and events flawlessly and ensure they are beautifully captured. You safeguard the 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 brand on- and offline and help it grow further. You answer our clients’ calls with care and welcome them warmly at our offices. You keep our facilities safe and running smoothly, build reliable systems and answer our burning IT questions. You keep a close eye on our budgets and make sure everything stays on track.

We see your work and appreciate your commitment, today and every day. 👏

Thank you. Because of you, 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 can shine.

16/04/2026

𝐈𝐦𝐚𝐠𝐢𝐧𝐞 ... 💭

You are the CEO of a company that designs and installs professional sound and lighting systems for music festivals and live events. Spring is when everything accelerates. Contracts are signed, crews are scheduled, equipment is tested. After months of preparation, the festival season is about to begin.

All is well ... until one morning, without warning, police officers and officials from a competition authority appear at your reception with a search warrant. They announce an unannounced inspection in a competition investigation. The questions come fast: can you explain how your IT environment works? Can you grant us access to it? Do employees use personal devices for work? Someone else mentions a legal hold. Panic creeps in as your mental checklist overloads. How does this work exactly, and what are you supposed to do now?

𝐖𝐚𝐧𝐭 𝐭𝐨 𝐤𝐧𝐨𝐰 𝐦𝐨𝐫𝐞? Read our latest ‘The knock is still at dawn, the search is digital. The digital dawn raid’ here: https://eu1.hubs.ly/H0tyCMd0, or contact our competition & EU senior associate Michèle de Clerck.

13/04/2026

𝐓𝐮𝐫𝐧 𝐭𝐡𝐞 𝐜𝐨𝐥𝐝 𝐬𝐞𝐚𝐬𝐨𝐧 𝐢𝐧𝐭𝐨 𝐬𝐨𝐦𝐞𝐭𝐡𝐢𝐧𝐠 𝐢𝐜𝐞-𝐭𝐫𝐚𝐨𝐫𝐝𝐢𝐧𝐚𝐫𝐲 𝐰𝐢𝐭𝐡 𝐚 𝐰𝐢𝐧𝐭𝐞𝐫 𝐢𝐧𝐭𝐞𝐫𝐧𝐬𝐡𝐢𝐩 𝐚𝐭 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 ❄

As warmer weather approaches and spring settles in, we are happy to announce that winter internship applications for 2027 at 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 are officially open!

Are you studying abroad next term, and are you looking to gain valuable legal experience in 𝐉𝐚𝐧𝐮𝐚𝐫𝐲 𝟐𝟎𝟐𝟕? Join 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 for an inspiring internship in one of our practice areas: competition and EU law, corporate and M&A, commercial law or dispute resolution.

You will gain hands‑on experience by working on engaging cases, with continuous coaching from a dedicated team.

𝐈𝐧𝐭𝐞𝐫𝐞𝐬𝐭𝐞𝐝? Don’t miss out on this unique opportunity and apply quickly via our website 👉 https://eu1.hubs.ly/H0tqhvZ0

We look forward to meeting you!

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13/04/2026

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