Philippe-Emmanuel Partsch

This preliminary ruling relates to a tendering procedure launched by an Italian public authority, Arpacal, for the award for a public service contract for insurance. Two Lloyd’s ‘syndicates’ participated in the call for tenders. Their tenders were both signed by an agent of Lloyd’s General (...)

Application of State aid and competition law rules to the health sector reinforced by the General Court* The General Court has annulled a decision of the EU Commission finding no state aid because the recipient of the measure, a Slovak health insurance body was not an undertaking. According (...)

Since the adoption of the Luxembourg Competition Law in 2004, the Luxembourg Competition Council («the Council»), an independent administrative authority, has been in charge of enforcing the competition law provisions relating to agreements and abuses of a dominant position when a market in the (...)

Facts On 22 July 2010, the Luxembourg Competition Inspectorate ("Inspection de la concurrence") requested two notaries public to provide information pursuant to Article 13(3) of the 2004 Competition Act ("Loi du 17 mai 2004 relative à la concurrence"). According to the latter, the Inspectorate (...)

FACTS OF THE DECISION The Luxembourg Competition Council (“the Competition Council”) issued a first decision on 10 December 2010 (“the Decision”) sanctioning Coditel under Article 5 of the Luxembourg competition Act (the “Competition Act”) on the grounds it abused its dominant position on the market (...)

On 10 December 2010, the Luxembourg Competition Council (“the Council”) has adopted the decision N°2010-FO-02 providing an assessment of the competition law situation on the TV cabled distribution market. Beside a previous decision where the President of the Council has imposed “interim measures” (...)

On 10 December 2010, the Luxembourg Competition Council (“the Council”) has adopted the decision N°2010-FO-03 providing an assessment of the competition law situation on the tobacco products wholesale sales market. This decision, which does not sanction any undertakings active in this market, (...)

On 5 March 2010, the Luxembourg Competition Council (Conseil de la concurrence) released its first decision on the merits by which it imposed fines on seven companies which were sanctioned for coordinating between themselves when submitting applications for public bids. This decision provides (...)

1. Background of the case In 2007, the Luxembourg Competition Council (“the Council”) received a complaint from a small distributor of domestic fuel (“Rock Fernand distributions”) who wanted to have fuel storage capacity in the river port of Mertert in order to avoid the cost of passing through (...)

The Luxembourg Competition Council has released a termination decision on 2 July 2009 (Décision n° 2009-FO-01) removing suspicions of competition law infringements by the Groupe de Presse Nicolas. Generally speaking, the case is interesting in the sense it shows how market players active in the (...)

Facts of the case 1. Oxycure markets an oxygen concentrator, which generates medical oxygen on the spot and hence constitutes an innovative and a more efficient alternative to medical oxygen distributed in bottles. As the oxygen concentrator works on electricity, Oxycure’s clients need reserve (...)

Facts surrounding the case 1. On 15 March 2008, the Ministers’ Council of the government of Brussels-Capital Region invited tenders for the award of a concession for the setting-up of an automated and publicly accessible bicycle rental system in the Brussels-Capital Region for a nominal fee. (...)

Facts of the case 1. On 31 October 2007, the City-Region (Stadsregio ) of Rotterdam, regrouping several local authorities in the Rotterdam region, has suspended an EU-wide public tender procedure. It did so in order to anticipate a forthcoming amendment of the Dutch regulatory framework for (...)

Background of the case 1. The flooring works in the new court buildings in the city of Luxembourg are still the object of the most prolific cartel procedure in the recent history of Luxembourg competition law. The case has already led to several decisions while the cartel investigations are (...)

Case 1. On 22 November 2002, the Municipality of Maastricht has awarded directly, i.e., without any public tender procedure a contract to the undertaking Q-Park for the renovation and operation of several parking lots for a period of 30 years. P1, one of Q-Park’s competitors, challenged the (...)

Facts of the case 1. On 25 January 2008, the Belgian Competition Council (Conseil de la concurrence) has condemned VEBIC, a professional association of Flemish bakeries, for having established a common cost index inciting Flemish bakeries to increase their prices in violation with the national (...)

Facts of the case 1. In 2007, a dispute arose between Base, one of the three main mobile telephone operators in Belgium, and Belgacom, the Belgian incumbent on the fixed telephone market. In a decision of 11 August 2006, the Institut belge des services postaux et des télécommunications (IBPT ), (...)

1. On 29 February 2008 the Luxembourg Minister of Economic Affairs and the Minister of SMEs have made public a state of the play of the “Action Plan against Excessive Inflation” (Plan d’action contre une inflation excessive) of the Luxembourg government, in which competition law seems to play a (...)

On 5 September 2007 the Competition Council (“Conseil de la concurrence”) has handed down a decision in a case between a professional association of car assessment experts, OEIPA and Mr Carlo Schmit, a Luxembourg car assessment expert. In 1997 OEIPA refused the latter to become a member because (...)

On 5 September 2007 the Competition Council (“Conseil de la concurrence”) has handed down a decision in a case between a professional association of car damage experts, OEIPA and Le Foyer Assurances S.A. (“Le Foyer”), one of the principal car insurances companies in Luxembourg. Le Foyer puts the (...)

On 23 April 2007 the new Luxembourg national competition authority that has been created in 2004, the Competition Council (“Conseil de la concurrence”), has handed down its first decision on the merits of a competition case brought before it. The Competition Council has chosen to be very didactic (...)

Factual background On 23 April 2007 the commercial court of Liège (“Tribunal de commerce”) handed down a decision in a case between the Swedish cycling team Green Cycle Associates (“GCA”) and Amaury Sport Organisation (“ASO”). ASO is a French undertaking that organises several major cycling events, (...)

Facts of the case In October 2006 the Luxembourg public undertaking Entreprise des Postes et Télécommunications (hereinafter “EPT”) launched a cessation action on the basis of the Luxembourg 2002 Trade Practices Act (“loi du 30 juillet 2002 réglementant certaines pratiques commerciales”) before the (...)

Facts of the case 1. In Luxembourg, Article 6(2) of the Competition Act (loi du 17 mai 2004 relative à la concurrence) entrusts the Competition Council (Conseil de la Concurrence), an independent administrative body, with the public enforcement of Articles 3 to 5 prohibiting cartels and abuses (...)

Article 2-1 of the 2004 Luxembourg Competition Act (“loi du 17 mai 2004 relative à la concurrence”) introduced the principle that competition between undertakings determines prices. This provision accordingly abolished the general and significant price controlling powers of the Luxembourg State (...)

Irish Central Criminal Court, February 9th, 2007, Director of Public Prosecutions v. Denis Manning, not published Under Irish competition law certain offences (in essence infringements analogous to infringements of Articles 81 and 82 EC) attract criminal sanctions. Last February saw the (...)

Background This case deals with alleged anti-competitive practices in the context of a waste disposal project, “SuperDrecksKëscht 2” (now “SuperDrecksKëscht fir Betriber”). The initiators of this project were the Administration de l’Environnement (“Environmental Administration”) within the Ministry of (...)

Case Koepfler s.à r.l. (“Koepfler”) operated on an independent basis one of the petrol stations of Aral Luxembourg S.A. (“Aral”), a subsidiary of the German petrol group Aral. Aral and Koepfler had concluded an agency agreement in this respect in 1984. Pursuant to this agreement Koepfler had to (...)

In 1993 Coditel, the cable TV distributor in several Luxembourg municipalities, acquired the TV distribution network in the Luxembourg municipality of Leudelange from a small undertaking. Upon this acquisition Coditel imposed its conditions on the subscribers to the former network operator and (...)

The undertaking Univers du Cuir Belgique (“UCB”) has taken over the franchising agreement that Belgian Comfort Company (“BCC”) had as a franchisor with Cuir Center Luxembourg (“CCL”), franchisee. UCB noticed that CCL did not respect the non-compete obligations imposed on it by the agreement and (...)

The undertakings Wintergarten Feddersen and Soluver concluded in 1985 a franchising agreement for the distribution of verandas. In 1987 Wintergarten Feddersen, the franchisor, brought proceedings against Soluver, the franchisee, before the Tribunal de commerce (“Commercial Court”) of Luxembourg (...)