Trade Practices & Consumer Law

Companies wishing to provide products or services on the Belgian market are required to respect consumer law, which defines rights of the consumers and obligations of the entities providing those goods.

Consumer protection policies, laws and regulations are crucial as they force businesses to be accountable and as transparent as possible in relation to the services and goods they offer.

The legislation impacting trade practices and consumer protection is evolving fast and the regulatory constraints to reckon with are many.

With a practice equally strong in advisory and litigation, Liedekerke can accompany your business, help you tackle the faced challenges and guide you through these regulatory restrictions.

Our Services

Our distribution, trade practices and consumer law experts cover all aspects of B2B and B2C activities, including commercial intermediaries, unfair competition and consumer protection under both Belgian and European law.

We advise our clients on issues related to distribution, agency, franchising, advertising, sales promotions, sales methods, and commercial practices (including passing off), lotteries, games of chance, labelling, product legislation, e-commerce, unfair terms in consumer contracts and others.

These are some of the matters we handle most frequently, alongside issues arising from unfair competition and the protection of IP rights impinging on one another.

We represent our clients before Belgian and EU courts in various proceedings relating to trade practices, such as interim injunctions and infringement actions. We advise and litigate on product safety, product liability consumer claims, and other matters.

We assist clients in numerous sectors to determine the most appropriate business scheme, to deal with business-critical situations and to prevent or resolve disputes.

The experience of our people, and their permanent contact not only with in-house legal counsel, but also with managers, entrepreneurs and engineers on the field, has led us to build up a natural understanding of business in numerous industries.

We often anticipate needs, get deals back on track and come up with creative solutions, not only from a legal point of view but also from a perspective of risk management and economic opportunity, which is often highly appreciated by our clients.

Our Team

We offer seamless cross-practice services with other teams such as regulatory, tax, labour and corporate.

Our team members frequently speak at conferences and have written or co-authored numerous articles and books on trade practices and consumer law issues. They have international experience and are multilingual.

Our Relevant Experience

• Assisting a leading brand in the optical industry on market practices, advertising campaigns and promotional actions.

• Assisting an energy supplier in designing/assessing an innovative price formula depending on personal data of the customers.

• Assisting a leading car manufacturer in various aspects covering its operative business, including advice on promotional campaigns, (including implementation), use of social media and contract review.

• Assisting a leading telecom company in responding to a formal notice of Belgian consumer protection organisation (regarding internet speed and network flow, in order to avoid the introduction of a class action against our client.

• Representing a food and beverages company in cease-and-desist proceedings initiated by a competitor for unlawful comparative advertising on the packaging of their products (this case has been settled out of court).

• Drafting contracts on field marketing and promotional data processing for large scale consumer goods manufacturers.

• Advising a major telecom company in the framework of an appeal before the Belgian Supreme Court against a judgment of the Court of Appeal of Brussels regarding potential abuses of a dominant position and related damages.

• Advising a telecom company on all competition related questions, i.a. in proceedings before the Belgian Competition Authority on the basis of restrictive practices for cooperation regarding access to mobile networks.

• Advising a sugar producing company on a regular basis in relation to marketing campaigns B2C.

• Assisting the Belgian subsidiary of a retail multinational group with the legal review and supervision of the planning and implementation of an e-commerce solution, for online sales on the company’s Belgian website, in the context of a “multi-channel” business project.

• Advising a Belgian bank in connection with the launch of a new loyalty app.

• Advising a discount retailer chain on a continuous basis in relation to market practices and adds as well as on the roll out of new products, packaging and promotional material.

• Advising a department store chain on the roll-out of a B2C market place including data protection aspects, personal data transfer, DPA, privacy policies; terms with customers, and on setting up an online marketplace for suppliers.

• Drafting contracts on field marketing and promotional data processing for large scale consumer goods manufacturers

• Acting for numerous automotive brands in relation to their dealer network and the (agency) contracts for accessory services.

• Assisting a Swedish fashion brand in a litigation following the termination of the agreement with its exclusive distributor in Belgium

• Providing competition law advice and assistance in negotiations regarding cooperation between food retailers in their purchases from suppliers

• Representing a manufacturer of pharmaceutical products in a complaint for abuse of dominance before the Belgian Competition Authority.

• Filing of a complaint for abuse of dominant position against Polish multinational undertaking in the oil industry.

Awards & Recognition

“Liedekerke Wolters Waelbroeck Kirkpatrick is one of the best and most renowned law firms in Belgium".

Chambers Europe 2022

‘Flexible and available. Compliant with deadlines. Very nice people to work with. They always try to build a personal relationship which makes working together more efficient.’

‘Collaborative team, responsive, and diverse. They have been proactive in seeking to work with other international law firms to provide clients with a multi-jurisdictional response.’

Legal 500 2022

Clients commend the "excellent" team for its "great mix between thorough legal knowledge and skills, and practical mindset and commercial awareness."

Sources admire the "well-informed and very strong lawyers" for "providing prompt and succinct advice."

Chambers Europe, 2020