The Belgian Competition Authority has imposed combined fines of €11,898,483 on bpost, DPG Media, Mediahuis and PPP for manipulating the public procurement procedure for the award of the 2023–2027 newspaper distribution concession. For the first time, the authority also prosecuted and fined two natural persons directly involved in the infringement.
According to the decision, the companies coordinated their conduct to ensure that bpost, the incumbent postal operator, would secure the concession. It was agreed that PPP would refrain from submitting a bid in exchange for additional newspaper distribution volumes from DPG Media and Mediahuis. As a result of PPP’s withdrawal, bpost remained the sole bidder in the tender, effectively eliminating competition in the award process.
The authority concluded that these arrangements constituted a breach of Belgian and European competition law, in particular the prohibition of anti-competitive agreements. The companies and the individuals concerned acknowledged their participation in the infringement and accepted the terms of a settlement proposed by the Investigation and Prosecution Service of the BCA.
The BCA’s Prosecutor General, Damien Gerard, stated that the decision definitively establishes the liability of the undertakings and individuals involved for manipulating the award of the public concession. He noted that although the concession has since been abolished, with significant consequences for the Belgian press sector, the case underscores that bid rigging in public procurement remains a priority enforcement area for the authority. He further emphasised that the decision signals that individuals, in addition to the companies for which they act, may be held personally liable for competition law infringements, particularly where they actively contribute to the implementation of prohibited conduct.