28 February 2018
Today, the Court of Appeal, has made a judgement in the procedure regarding the decision of the Belgian Competition Authority of 31 May 2017 to relax the behavioral measures imposed on Kinepolis since 1997.
On 31 May 2017, the Belgian Competition Authority has partially granted the request of Kinepolis Group NV for cancellation of the behavioral measures which were imposed on it in 1997 by the Belgian Competition Authority. This means that as of 31 May 2019, Kinepolis can open new cinemas in Belgium without prior approval from the Belgian Competition Authority. The other behavioral measures imposed in 1997, such as the need to obtain prior approval for the acquisition of existing Belgian cinemas or the prohibition to request exclusivity or priority from film distributors, have been maintained for a renewable period of three years. At the end of such period, Kinepolis can make a request for removal of the remaining behavioral measures.
Two Belgian cinema groups appealed against the Decision of 31 May 2017 of the Belgian Competition Authority. The Court of Appeal now has concluded that it judges the reasoning of the Belgian Competition Authority insufficiently motivated to partially cancel the behavioral measures imposed on Kinepolis. The Belgian Competition Authority will now have to take a new decision.
Kinepolis regrets the decision of the Court of Appeal and has confidence in the Belgian Competition Authority with regard to the further treatment of this case.