The Luxembourg Competition Authority rules that an undertaking active in the tobacco industry did not enjoy a dominant position on the relevant market and was not subject to any specific duties as this would have been the case if it enjoyed such a position (Landewyck Group / Manufacture de Tabacs Heintz Van Landewyck)

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, finds its origin in a complaint which was filled by the undertaking s.à.r.l Tabagro (“Tabagro”) before the Luxembourg Competition Inspection (“the Inspection”). In this comment, a brief summary of the facts of the case and outcome will be provided. Then, we will expand on the market definitions, on the fact that the Council has established that no dominant position was held by HVL group, and finally draw additional remarks. I. Facts and outcome of the decision Tabagro is an undertaking active in