On 2 September 2009 the BIPT adopted, with retroactive effect, a revised version of its decision of 10 January 2008 imposing a number of obligations on Belgacom in connection with the wholesale unbundled access and broadband markets. This came further to the Brussels Court of Appeal’ judgment of May 2009 partially annulling the BIPT’s decision for lack of reasoning (Belgian competition law report 2009/Q2).

In its revised decision, the BIPT remedies the concerns that had been voiced by the Court of Appeal by attempting to improve its reasoning and analysis of the above mentioned markets up to 10 January 2008. It also took into account the contributions of the economic actors that responded to the public consultation which was launched in July 2009.