Chillin'Competition

Relaxing whilst doing Competition Law is not an Oxymoron

A true Belgian story

with one comment

When did the new Belgian competition Act enter into force?

If you run a Google search most results (notably a few dozen law firm’s newsletters saying exactly the same things) will tell you that it did on September 1st, 2013.

Wrong answer.

You can’t blame them, though. On August 30th The Belgian official journal (Moniteur Belge) published a Royal decree providing that the new Act would enter into force on the first working day following the said publication (that is, on September 1st).

However, it seems that the Royal decree wasn’t really Royal, because no one realized that the King had not yet signed it (apparently he was on holidays, elephant hunting, or doing whatever it is that Belgian Kings do), and that therefore it was devoid of legal effects.

That’s why on September 4th a new Royal decree was published on the official journal stating that the publication of the previous Royal decree (actually there were two of them) shall be considered null and void (“il y a lieu de considérer la publication des deux arrêtés royaux susmentionnés comme nulle et non avenue. Ces arrêtés ont été retirés avant leur signature”).

And then, on September 6th, yet another Royal decree was published providing that the Act would enter into force on that very same day.

So, between September 1st and September 4th people thought that the Act had entered into force, when in reality that wasn’t the case.

We hear there were hearings held in those days in which lawyers were pleading on the basis of the new Act, but were told that they were misinformed.

True story.

Written by Alfonso Lamadrid

12 September 2013 at 11:58 am

Posted in Hotch Potch, Jokes

One Response

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  1. I remember a case of a Dutch statute where some blogger tracked down how the signature worked, and discovered that the papers in question had been faxed to the Queen’s holiday home in Italy, signed, and then faxed back. Apparently that is how the signing is done when the sovereign is on vacation.

    Belgium, on the other hand, is decidedly less organised than the Netherlands.

    Martin Holterman

    12 September 2013 at 11:05 pm


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