A Belgian Call-In Proposal: Joining the EU Trend, But Questions Remain

On April 17, 2025, the President of the Belgian Competition Authority (BCA) announced plans to introduce a national call-in power for merger control — a significant shift in Belgium’s approach to transactions under the thresholds of the European and national competition law. This development aligns Belgium with a broader European trend, where Member States like Italy, Ireland, and the Netherlands have already adopted or proposed similar tools to scrutinize mergers that may harm competition but fall below traditional notification thresholds. The move aims to address challenges posed by so-called “killer acquisitions” and “buy-and-build” strategies, particularly in innovation-driven sectors such as tech, pharma, and energy. Previously, Belgium relied on the Towercast doctrine to intervene in such cases, but its limited applicability and practical impact have prompted calls for reform. The initiative also reflects a growing need for national tools following the Illumina/Grail ruling, which limited the European Commission’s ability to accept referrals under Article 22 EUMR from national authorities lacking jurisdiction. Ultimately, the effectiveness of Belgium’s call-in system will depend on its legal design, including the clarity of its criteria, procedural safeguards, and its coherence with the EU’s merger control framework.