domain: competition law

Is it possible to start a collaboration with a Swedish Provider of betting via the Internet in Belgium?

Am I allowed to offer a free DVD with my weekly magazine?

I have bought a second-hand car from an acknowledged dealer and I received 6 months guarantee, is that enough?

What do I to mention on my packaging for the sale thereof in France?

I am summoned by an Austrian company because I am selling commodities in Belgium and via the Internet with the same name as theirs, and I have been doing this for almost 7 years now. Do I have to stop or cancel my sale?

In order to maintain the competition principle our society is based on, government interference through regulations seems to increase, both on the European, international and Belgian level.

In our rapidly changing and internationalising society, with trading based on ever newer methods and technologies, the governments state that the rules thereof have to be determined precisely in order to guarantee the freedom and honest trading between the various players.

More specifically this needs to be done in the interest of the consumer and the population. Hence measures need to be taken to defend their interests and to determine the rules of play the trade partners have to comply with.

As a result, multiple legal stipulations are defined, such as the protection of economic competition, the law on trade practices, the regulation regarding the import and export of goods, consumer law,  and also very specific  subjects, such as regulations regarding financial transactions, gambling games, telecommunication, food, travel contracts, …

The legislation also plays an important part here, because new technologies must be assessed according to the existing legislation and the principles outlined. Judgements by the various judicial bodies will often lead to new laws.

It is no surprise, that Europe will play an important role in this. However this does not lead to a simplification of the problems since every country has its own competences and the rules are not always identical within the European Union, and there still are major differences on the international level. 

That is why it is the lawyer’s task to sufficiently specialise and to daily follow the changes on the international, European and local level, in order to be able to solve any related disputes, but also to be able to give the client sound advice whereby the commercial interests and the company philosophy of the client remain the central point of focus.

Judicial guidance for marketing strategies, the development of new trade methods, such as e-commerce, prospecting of new trade markets and the possibilities of trading with these countries, counselling of the client in case of disputes, solving of complaints, drawing up of agreements, regulations, providing of external and internal courses, management counselling, advising and so much more in competition law also are the expertise of the lawyer, whereby openness, service and quality form the sound basis.

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Magda Lauwers
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