The Competition Council is an independent administrative authority whose role is to guarantee free competition and ensure the proper functioning of markets. It must ensure compliance with national and European competition rules. As part of its functions, the Council seeks to protect the interests of consumers but also the interests of businesses against anti-competitive behavior by competing businesses that could have the effect of restricting competition. The Competition Council is required to sanction anti-competitive practices with fines and / or periodic penalty payments. It must also take all necessary measures to put an end to the infringements. The Council also plays an important role in the prevention of infringements . Companies must be made aware of their responsibilities with regard to competition law so as to encourage them not to engage in prohibited behavior such as cartels or abuse of a dominant position .
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DMA – 6 digital market access controllers designated by the Commission* On September 6, 2023, the Commission designated the following 6 platforms as digital market access controllers (“gatekeepers”) : Alphabet, Amazon, Apple, ByteDance, Meta et Microsoft et With each of more than 45 (...)
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Sector investigation in the residential real estate sector: the Competition Authority publishes its conclusions* In 2022, the Competition Authority (formerly the “Competition Council”) initiated a sectoral investigation into the residential real estate sector in the Grand Duchy of (...)
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Decision concerning practices implemented in the coffee distribution sector in Luxembourg* By one decision dated 17 July 2023, the Autorité de la concurrence imposes a fine of more than 3 million euros on the coffee importer Peter Hennen GmbH for having concluded an agreement with 13 (...)
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Judgment of the CJEU: a national competition authority may find a violation of the GDPR in the context of the examination of an abuse of a dominant position* In its judgment of July 4, 2023 in case C-252/21, the Court of Justice of the European Union (CJEU) ruled that a national competition (...)
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DMA - 7 potential digital market access gatekeepers notified the Commission* Large digital platforms reaching the thresholds set by the Digital Markets Act (DMA) had until July 3, 2023 to notify the Commission. The DMA sets a certain number of obligations and prohibitions aimed at (...)
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Luxembourg Competition Authority launches a market study into the blockchain sector* The Luxembourg Competition Authority is conducting a market study to better understand the relations between products and services relying on blockchain technology (so-called “web3 projects”) and incumbent (...)
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Adoption of the bill on the Digital Markets Act and foreign subsidies: new missions for the Autorité de la concurrence* On March 23, 2023, the Chamber of Deputies adopted bill 8164 which implements in Luxembourg regulation 2022/1925 on digital markets (known as the "Digital Markets Act or (...)
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The Luxembourg Competition Authority joins a request under the EU Merger Regulation to assess the proposed acquisition of Figma by Adobe* On January 30, the Luxembourg Competition Authority has joined for the first time a referral request under article 22 of the EU Merger Regulation (EUMR). (...)
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Opening of a public consultation by the Commission on the draft revised notice on the definition of the relevant market* On November 8, 2022, the European Commission published the draft revised notice on the definition of the relevant market. The draft revised notice on the definition of (...)
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Review of the VBER and the Vertical Guidelines: Additional public consultation on proposed guidance relating to information exchange in the context of dual distribution* In the context of the ongoing review of the Vertical Block Exemption Regulation (‘VBER’), and the Guidelines on Vertical (...)
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The Luxembourg Competition Council fines Bahlsen and the supermarkets Auchan, Cactus and Delhaize of €3.3 million* In three decisions dated 18 November 2020, the Competition Council fines Bahlsen and the supermarkets Auchan, Cactus and Delhaize of €3.3 million for resale price maintenance (...)
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Coronavirus (Covid-19) and the implications for competition law in Luxembourg - joint action of the "European Competition Network (ECN)"* The "European Competition Network (ECN)" issued a joint statement of the European competition authorities for the uniform application of competition law (...)
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Coronavirus: Update from the Competition Council* Following government instructions and to ensure the safety of all, our teams switched to telecommuting. Be sure that we have taken all necessary measures to maintain our activities and continue to accompany you, without taking unnecessary (...)
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Coronavirus: the liability of undertakings does not decrease* As the administrative authority responsible for the proper functioning of markets, the Competition Council wants to ensure that companies do not abuse the current situation to the detriment of consumers or their competitors. (...)
