National merger control proceedings and the requirements of European Community law: the limits to exclusive jurisdiction

Discusses the Brussels Court of Appeal judgment in the merger case of Tecteo / Brutele et Cable Wallon, examining to what extent national competition authorities and courts have exclusive jurisdiction over mergers that do not have a Community dimension, and how to resolve the problem if national procedural rules on merger control are not in line with EC law. Looks at the reformed Belgian competition law of 2006 which introduced jurisdiction to suspend a merger case and refer legal questions to a higher court, examining whether the procedure conflicts with the EC principle of free movement of capital.