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Publications

Our articles

Annotation on the use of GDPR Rights for Non-GDPR Purposes

Luc Peeperkorn and Frank Wijckmans publish on the “by object” saga in ECLR

Frank Wijckmans & Luc Peeperkorn, ECLR, 2025

What started as a free discussion on the “by object” topic at the Verticals sessions of the Brussels School of Competition, ended up in a law review article that has now been published by European Competition Law Review. In the article Luc and Frank dive into the details of the caselaw and attempt to take stock of where this caselaw has brought us to date. Their exchanges on the topic result in a clear warning that the “by object” assessment requires a high degree of care and should not be relied upon too easily by courts or enforcers.

Automated Decision-making and profiling

Anouk Focquet, DPO Pro Magazine, 2024

This article discusses the concepts of automated decision-making and profiling under the GDPR, thereby also examining the Schufa ruling of the Court of Justice of the European Union.

Legitimate interest: the key to incompatible further processing?

Julie Mannekens, Journal RABG 2024/17-18

In this annotation, Julie Mannekens analyses decision 46/2024 of the Belgian Data Protection Authority regarding the processing of customer transaction data by a bank to build models for offering personalized discounts on third-party products and services. Special attention is given to the (nuanced) difference between the assessment of reasonable expectations in the context of the compatibility test for further processing and in the context of legitimate interest as legal basis.

Annotation on the use of GDPR Rights for Non-GDPR Purposes

Anouk Focquet, Sofie Deprez, Julie Mannekens, Journal Privacy & Personal Data, 2024

This article contains an annotation by Anouk Focquet, Sofie Deprez, and Julie Mannekens on the judgment of the Market Court dated 1 December 2021. The annotation analyses the application of the concept of abuse of rights in relation to the right of access, with reference to the Market Court's judgment and various foreign rulings.

Annotation by Sofie Deprez on ECJ 'IAB Europe' ruling

Sofie Deprez, Computer Law Journal , 2024/97

This article consists of an annotation on the ECJ judgment of 7 March 2024, 'IAB Europe'. This judgment concerns the scope of the concept of 'personal data' within the meaning of Article 4(1) GDPR, as well as on the qualification of joint controllers.

VERTICAL REGULATIONS AND DOMINANT FIRMS (8TH EDITION)

Frank Wijckmans - Emmelie Wijckmans, ICLG, 2024

This Q&A-article guides the reader through the landscape of vertical agreements (distribution and supply relationships) and pays particular attention to the position of dominant firms. This edition includes an important update on the recent Mondelez case, where the European Commission imposed a substantial €337.5 million fine on Mondelez for restricting cross-border sales under both Article 101 and Article 102 TFEU. This case sits at the crossroads of vertical agreements and abuse of dominance, providing critical insights into current regulatory enforcement.

Data Protection in the Health Sector - A Look at the European Health Data Space (Dutch)

Anouk Focquet

This article explains the envisaged structure of the European health data space (‘EHDS’) and specifically discusses how the EHDS Regulation complements and specifies the General Data Protection Regulation (‘GDPR’).

The new EU Competition rules for supply and distribution agreements: no revolution, but an evolution of the effects-based approach

Frank Wijckmans & Luc Peeperkorn, ECLR, 2023

In this article, the new EU rules on vertical agreements are analysed. In section 2, the change of policy towards an effects-based approach that took place at the turn of the century is described. Section 3 provides an outline of the new rules and describes what has remained the same since the shift to the effects-based approach. Subsequently, section 4 focuses on the parts of the new rules that have changed compared to the rules of 2010.

Whistleblowing systems in practice

Anouk Focquet - Karolien Francken - Julie Mannekens - Morgane Smets

This article discusses how to establish a whistleblowing system under the Belgian Whistleblower Act of 28 November 2022.

VERTICAL REGULATIONS AND DOMINANT FIRMS (7TH EDITION)

Frank Wijckmans - Emmelie Wijckmans, ICLG, 2023

This article in Q&A format guides the reader through the landscape of vertical agreements (distribution and supply relationships) and pays particular attention to the position of dominant firms. The article takes the new European block exemption regulation (Regulation 2022/720) and the new Vertical Guidelines, as well as the Horizontal Guidelines, fully on board.

Whether there are reasons to worry?

Frank Wijckmans - Competitio 2023

This article discusses the legal uncertainty for companies as a result of current competition law legislation, due to a prominence of complex economic and legal considerations.

The Private Competition Enforcement Review – 14th edition

Frank Wijckmans - Maaike Visser - Karolien Francken - Monique Sengelov, Manda Wilson, The Law Reviews, 2021

Based on their experience in private damages cases following Commissions cartel decisions, the authors describe the relevant questions that apply to this type of legal actions. The article is intended to provide pragmatic answers to some the challenges presented by private damages claims.

VERTICAL REGULATIONS AND DOMINANT FIRMS (6TH EDITION)

Frank Wijckmans - Emmelie Wijckmans, ICLG, 2022

This article in Q&A format guides the reader through the landscape of vertical agreements (distribution and supply relationships) and pays particular attention to the position of dominant firms. The article takes the new European block exemption regulation (Regulation 2022/720) and the new Vertical Guidelines fully on board.

De toekomstige verticale groepsvrijstelling wordt voorbereid: geen aardverschuiving op komst, maar toch… (Dutch)

Frank Wijckmans - Lise Ryckaert, Competitio, 2021

This article provides an insight into the draft prepared by the European Commission for the new block exemption regulation on vertical agreements. It is particularly helpful to understand the development of the draft towards the definitive texts of Regulation 2022/720 and the new Vertical Guidelines. Some points of criticism reflected in the article have been resolved in the final version of the new legal instruments.

HET ONDERZOEK À DÉCHARGE – FOOD FOR THOUGHT (DUTCH)

Frank Wijckmans - Herlinde Burez, Tijdschrift voor Belgische Mededinging, 2021

Based on Belgian case law, the interpretation of the requirement of conducting an investigation à décharge in competition law is discussed, as well as the possible consequences of a breach by the Auditorate of this duty.

Annotation by Anouk Focquet on ECJ 08/12/2022 ruling

Anouk Focquet, Computer Law Journal, 2023/66

This article discusses an annotation on The European Court of Justice judgment of 08/12/2022 regarding the right to erasure of data in the context of search engines. The annotation discusses the preliminary questions answered by the Court concerning (1) the handling of a removal request based on the inaccuracy of the linked information and (2) the scope of the right to erasure when deleting photos displayed as thumbnails in the search results list.

Het recht op inzage: krijgt de betrokkene waar voor zijn ‘recht’? (Dutch)

Anouk Focquet - Laura Sente, Tijdschrift Privacy & Persoonsgegevens, 2020

This article addresses one of the key topics of the legislation on data protection, notably the right of individuals to review the data that are being kept on him or her. The contribution deals with the question of whether individuals are getting xhat they are entitled to.

“PARENTAL LIABILITY” IN HET BELGISCH MEDEDINGINGSRECHT (DUTCH)

Frank Wijckmans – Emmelie Wijckmans, Tijdschrift voor Belgische Mededinging, 2016

This article focuses on the policy of "parental liability" in Belgian competition law. It addresses the question of when parent companies are liable for competition infringements of other group companies.

OP ZOEK NAAR EEN GEBALANCEERDE INTERPRETATIE VAN HET BEGRIP DOELBEPERKING IN HET MEDEDINGINGSRECHT. (DUTCH)

Grégoire Ryelandt – Emmelie Wijckmans, Revue de Droit Commercial., 2015

The CJEU case-law is analyzed to determine whether Cartes bancaires is a confirmation, an (r)evolution, or a reversion of the determination of the boundary between agreements by object and those with anti-competitive effects. It then analyses the consequences re: information exchanges and ‘signaling’, and ends with comments on the balance between the protection of the fundamental rights of companies/individuals and the importance of correctly qualifying conduct.

GEGEVENSBESCHERMING EN MEDEDINGING: EEN ARTIFICIEEL OF INTELLIGENT HUWELIJK? (DUTCH)

Anouk Focquet – Julie Van Pée, Tijdschrift voor Privacy & Persoonsgegevens, 2014

Based on the decision on Facebook by the German competition authority on 06/02/2019, a picture is painted of the relationship between competition and data protection law. The interaction between the two is discussed, as well as how they can reinforce each other.

TOT ZOVER HET BELGISCH KARTELPARADIJS (DUTCH)

Frank Wijckmans – Filip Tuytschaever, Rechtskundig Weekblad, 2008

This article provides the practicing lawyer with an overview of the main rules of public enforcement and private enforcement of the cartel ban. The Belgian Leniency Notice of 22 October 2007 is explicitly discussed in this context.

ACTIVE SALES RESTRICTIONS REVISITED (DUTCH)

Frank Wijckmans – Filip Tuytschaever, European Competition Law Review, 2004

This article examines the restrictions on active sales. The analysis aims to provide a roadmap to avoid inadvertent infringements of Article 4(b) of Regulation No 2790/99, thus avoiding the loss of the benefit of the then-current block exemption for the entire agreement.

TOT ZOVER HET VERBOD OP ACTIEVE VERKOOP (DUTCH)

Frank Wijckmans – Filip Tuytschaever, Rechtskundig Weekblad, 2002

The article discusses the conditions under which the ban on active selling is consistent with the (then current) European block exemption. The intention is to provide practitioners with guidance so that they do not lose the benefit of the Block Exemption due to a single inadvertent misstep.