The Belgian Competition Authority (BCA) has published a draft guidance document for public buyers on the application of competition rules to public procurement — a clear signal that competition compliance in tenders is a priority, not only for bidders but also for public buyers.
The draft guidance is currently subject to a public consultation until 28 February 2026. It aims to provide practical direction to public buyers when faced with potential anti-competitive conduct in procurement procedures — and to strengthen their ability to detect and react to practices such as bid rigging, improper coordination, or suspicious tender patterns.
Why this matters (for contracting authorities and bidders alike)
Public procurement sits at the intersection of strict procurement formalities and competition risk. In practice, both public buyers and tenderers must navigate:
- procurement rules (e.g., transparency, equal treatment, award criteria)
- and competition rules (e.g., cartel prohibitions, information exchange risks, consortium/subcontracting issues).
But applying both in parallel remains a challenge — especially when real-life procurement scenarios involve joint bidding, repeated tender participation, market signalling, or subcontracting chains. This is exactly why the BCA's draft guidance is important: it provides a framework for how contracting authorities should approach competition concerns in procurement settings.
Want to know more? Join the lunch causerie (27 January 2026)
To explore inter alia the draft guidance and broader enforcement trends in depth, ALTIUS is hosting a VSMR/AEDC lunch causerie on Tuesday 27 January 2026 (12:00–14:00) at Tour & Taxis (Brussels). The session will provide a practical discussion on public procurement & competition law — including what contracting authorities and bidders should take away from the BCA draft guidance.
Speakers include
- Damien Gérard –Prosecutor General (BCA)
- Céline Vanhecke – Coordinator, Public Procurement Taskforce (BCA)
- Dieter Van der Smissen – Legal Counsel, Beliris & Member of the Public Procurement Commission
- Carmen Verdonck, Partner Competition Law (ALTIUS)
- William Timmermans, Partner Regulatory & Real Estate (ALTIUS)
Practical details
📅 Date: Tuesday 27 January
2026
🕛 Time: 12:00 –
14:00 (lunch format)
📍 Venue: ALTIUS, Tour
& Taxis, Havenlaan 86 C B 414 / Avenue du Port 86 C B 414, 1000
Brussels
✅ RSVP by sending the completed registration form in
the following link by 22 January 2026: aedc@traxio.be
Participation fee
- AEDC/VSMR members: €40
- Non-members: €75
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