The Luxembourg Competition Council fines seven companies member of a cartel in the flooring industry (“Cité judiciaire”)

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 interesting insights on different issues raised by Luxembourg Competition Law. We will therefore present the case and examine the question of public bids and horizontal agreements. Then assess to what extent momentary association as such do not infringe Luxembourg Competition Law and see that “cover offers” violate Competition Law provisions. Then, we will examine to what extent mitigating and aggravating circumstances were taken into account by the Competition Council and how the leniency procedure