The Belgian Competition Authority's 2026 Priorities: What In-House Counsel Need to Know

Introduction

The BCA 2026 Priorities Paper sets out the sectors in which the authority will exercise particular vigilance, and outlines its strategic policy priorities for the year, including the development and deployment of its enforcement instruments. For in-house counsel, the document is an important roadmap: it signals where investigations are most likely to originate, what new tools the BCA is acquiring, and which compliance initiatives deserve immediate attention. The most prominent change in the 2026 paper is the replacement of the construction sector, considered a priority sector in 2025, with sport, media and entertainment.

I. Priority Sectors

1. Agri-Food

Maintaining healthy competitive dynamism across the entire agri-food chain remains a top priority for the BCA in 2026. Several formal and informal cases concerning possible abuses of dominant position or economic dependence as well as anticompetitive agreements, are ongoing across various food sub-sectors and at different stages of the supply chain. The BCA will remain vigilant regarding further consolidation, particularly at production level and in large-scale retail. Strict merger control with a focus on local markets and interaction with upstream activities is considered necessary. The BCA will also pay special attention to the challenges of the sector's transition towards more sustainable production and consumption patterns. The sustainability guidelines (see infra) are expected to provide further clarity on permissible forms of cooperation in this context.

2. Digitalization, Digital Infrastructures and Telecommunications

The BCA will continue to pay particular attention to the impact of digital transformation on market dynamics in both existing and new markets, including access to secure, sustainable and interoperable cloud infrastructures and services, and will cooperate closely with the competent regulatory authorities and the European Commission. Specific areas of focus include:

• Online platforms: Online platforms are characterized by significant economies of scale and direct and indirect network effects that reinforce their market power. In addition to supporting Digital Markets Act enforcement by the European Commission, the BCA will be on the look-out for any abuse of dominant position or economic dependence by such platforms.
• Algorithmic pricing and AI: The BCA will pay particular attention to the growing use of advanced algorithms by companies, monitoring new developments in algorithmic decision-making, automated and dynamic pricing, and market monitoring tools. These techniques may facilitate new forms of coordination even in the absence of explicit contact between companies.
• After-sales services: The BCA will continue to monitor competitive dynamics in the digitalization of after-sales services both at B2B and B2C level, including access to data and software, interoperability and the ability to switch to alternative providers.
• Telecoms infrastructure: The telecommunications sector remains an enforcement priority on two levels: (1) regarding the need for competition-law guidance on the roll-out of fiber and 5G infrastructure, and (2) improving competitive dynamics for telecom services for both residential and business users. According to the BCA, Belgium faces a significant lag in fiber deployment, making a rapid and widespread roll-out essential for economic competitiveness.

3. Healthcare

In 2026, the BCA will continue to pay close attention to both the production and supply of medicines and the provision of healthcare services:

• At the level of pharmaceutical manufacturers, it will focus on pricing practices and the protection of fair competition between originators and suppliers of biosimilar and generic alternatives.
• At the level of wholesalers-distributors, it will focus on the risks of tacit coordination, including with regard to pricing and market allocation. The BCA will also pay particular attention to the ongoing consolidation of pharmacy networks and the implications this may have for accessibility and quality of service.
• In the hospital sector, it will focus on further consolidation and anticompetitive practices by healthcare institutions and professionals, particularly regarding agreements on unregulated fees and restrictions on the freedom of employment of healthcare professionals.
• As regards the impact of digitalization, it will focus on the growing importance of health technology on competition in the healthcare sector, particularly with regard to the role of and access to IT applications and data. In this context, the BCA has recently opened an investigation into a possible abuse of dominance by IQVIA, a company active in providing technological solutions and data analytics to pharmaceutical, biotechnology and medical device companies.

4. Basic Services, including Regulated Professions, Financial and Banking Services

The services sector is the main driver of economic growth in Belgium. This sector covers a broad range of services, including financial services (such as banking, payment and insurance services), legal services, and accounting, security and medical services. Many of these services are subject to regulation, but these regulations do not always provide sufficient guarantees for effective market functioning, particularly as regards the market entry of new players. The BCA wants to ensure that competition law is respected across the services sector, and it will advocate for the revision of any market regulations and professional rules that it considers to be more restrictive than is necessary to safeguard the general economic interest.

5. Sport, Media and Entertainment

Sport, media and entertainment are closely interconnected sectors that are undergoing a major transformation, driven by commercial and technological developments. The BCA has recently undertaken several formal and informal actions concerning possible infringements in specific sports competitions and their broadcast. It will continue to monitor practices that could result in a refusal of access to sports and entertainment events — including media coverage — or in services being offered at unreasonable prices.

II. Strategic Projects and Policy Initiatives

1. Merger Control Reform

The BCA's dedicated Merger Task Force (MTF), established in 2022, operates on a "big on big, small on small" principle, whereby resources are allocated according to the importance of the case. Cooperation, transparency and “pragmatism without shortcuts” serve as its core values. In 2026, the BCA is taking this further and will:

• conduct a comprehensive evaluation of the national merger control procedure, including a modernization of notification forms
• examine whether to introduce call-in powers for below-threshold transactions
• cooperate with the European Commission on the revision of the EU Merger Guidelines, the first draft of which is expected to be released for consultation before the summer.

2. Guidelines and Advocacy Initiatives

Several initiatives launched in 2025 will be completed in the first half of 2026, and will be followed by additional initiatives, with the aim of enhancing transparency, legal certainty and a culture of compliance:

• Sustainability guidelines: the BCA will publish the final version of these guidelines by April 2026, providing a simplified legal framework for cooperation between companies on sustainability objectives. The guidelines will clarify how companies can contribute to the green transition without infringing competition rules and will support self-assessment and compliance. They will confirm that, in addition to benefits for consumers, collective benefits for society as a whole will also be taken into account when assessing a cooperation agreement.
• Public procurement guide: In early 2026, the BCA will publish a revised guide on public procurement and competition law, providing contracting authorities with practical tools to recognize and prevent collusion and bid rigging. The guide will cover the tender submission phase as well as the preparatory phases (market consultation and drafting of specifications), and will place particular emphasis on high-risk sectors such as construction, security services and IT. A training program for contracting authorities and supervisory bodies will also be launched.
• No-poach and labor market restrictions: The BCA will publish a communication on no-poach agreements (i.e. agreements between companies not to solicit or hire each other's staff) and similar clauses that restrict worker mobility and could distort competition in the labor market. The communication will outline the competition law framework, provide examples of Belgian and international cases, and offer practical compliance guidance. It will be distributed to employers, sector federations, and HR professionals to raise awareness and assist them in establishing internal compliance procedures.
• Retail price maintenance (RPM) campaign: The BCA will launch a targeted awareness campaign on the illegality of vertical price fixing (RPM), whereby minimum or fixed resale prices are imposed. Particular attention will be paid to online commerce and price comparison systems, where there is a heightened risk of RPM infringements.
  
  

	Q1 2026	Q2 2026	Q3 2026	Q4 2026
Sustainability Guidelines	Adoption Final Guidelines
Revised Guide on Public Procurement and Competition Law		Adoption Final Guide
Communication on Labor Market Restrictions ("No Poach" Agreements)		Adoption
Advocacy Campaign on Retail Price Maintenance (RPM)		Timing not specified
Report on Price Review and Indexation Mechanisms		Draft and Public Consultation

3. Proactive Detection: Sector Inquiries and Data Analytics

The BCA can conduct general or sector-specific investigations where there are indications that a market is not functioning properly. The BCA will make more systematic use of this power in the coming years so as to proactively detect market dysfunctions and formulate concrete remedial proposals. In 2025, the BCA launched its first general investigation into sector-specific price review and indexation mechanisms in the Belgian economy. Following an extensive stakeholder survey, the BCA is currently preparing a draft report containing its main findings and recommendations. A public consultation on this draft report will follow in the course of 2026.

To strengthen its detection capabilities, the BCA has invested in a dedicated unit made up of forensic and data analytics experts. In 2026, several additional IT tools will be deployed, including a virtual lab for large-scale economic analyses, automated exchange and analysis of databases relevant to detect bid-rigging, and automated collection and analysis of publicly available market data (e.g., to detect collusion in priority markets, to identify unnotified concentrations, etc.). Finally, the BCA will work closely with the Price Observatory, the Economic Inspection, and sector regulators such as the BIPT, whose specific mandates create strong synergies with the BCA’s activities.

4. Cooperation and Stakeholder Engagement

In 2026, the BCA will finalize a cooperation protocol with the Belgian Data Protection Authority to allow for better coordination between the application of competition law and personal data protection. The BCA will also review existing protocols with, among others, the CREG and the BIPT. Internationally, the BCA will continue to participate in the ICN, ECN and the OECD Competition Committee, and will contribute to working groups on merger control, enforcement, and digital economy challenges throughout 2026. The BCA will continue to modernize its external communications via a new corporate identity and website, with proactive outreach through LinkedIn, thematic campaigns on priority sectors (such as sustainability, labor markets, public procurement and the digital economy), and participation in national and international events.

What This Means for Companies

The BCA's 2026 priorities signal an authority that is becoming more sophisticated, more proactive and more expansive in scope. In-house counsel and compliance teams should take note of the following practical implications:

1. Sector-specific risk assessment is urgent. The BCA has formally identified five priority sectors as warranting particular vigilance — agri-food, digital/telecoms, healthcare, basic services, and sport/media/entertainment. Companies active in any of these sectors should review their commercial practices, pricing arrangements, and M&A pipelines as a matter of urgency.
2. Review your M&A pipeline carefully. The BCA's active exploration of call-in powers means that transactions currently falling below notification thresholds — including serial acquisitions and acquisitions of small but innovative targets — may in the future be subject to BCA review. Deal teams should factor this risk into transaction timelines and pre-signing due diligence, particularly in already-consolidated sectors.
3. Use the new guidelines proactively. The forthcoming sustainability guidelines and the revised public procurement guide are an opportunity for companies to benchmark their practices and self-assessment compliance procedures. The BCA's informal opinion procedure remains available for companies seeking early guidance on specific cooperation projects.
4. Train HR and procurement teams. The planned communication on no-poach agreements underscores that labor market restrictions are firmly within the BCA's enforcement remit. Similarly, the revised public procurement guide and accompanying training program signal heightened scrutiny of potential bid rigging, in particular in sectors such as construction, security and IT.
5. Monitor algorithmic pricing and digital practices. The BCA's focus on algorithmic pricing and AI-driven market monitoring tools means that compliance programs should extend to automated pricing and data-sharing practices — areas where coordination can occur without explicit communication between companies.
6. The BCA's detection capacity is now materially stronger. With new infrastructure enabling large-scale data analytics, automated bid-rigging detection tools, and systematic market monitoring, the BCA is positioning itself to identify infringements faster and with less reliance on reactive complaints. Companies should assume that their pricing behavior, algorithmic tools and acquisition patterns are subject to a level of scrutiny that was not previously achievable on this scale.

For further information on any of the issues discussed in this alert, please contact our competition law team.