The Luxembourg Competition Authority renders its first ever decision and negatively applies the essential facilities doctrine in the sector of distribution of domestic heating fuel while holding that trade between Member States is not affected (Rock Fernand Distributions / Tanklux)

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 in this very first decision. Indeed, it has devoted a great deal of the decision to the explanation of the basic principles of EC and Luxembourg competition law. This is not a bad thing, especially in Luxembourg where, for several reasons, there always has been a very weak awareness on competition issues (see the OECD Economic Survey of Luxembourg 2006). The case was brought before the Competition Council by Rock Fernand distributions s.à r.l. (“Rock”), a small distributor of domestic heating