The Luxembourg Competition Authority clarifies implications of the European Competition Network’s joint statement on competition law during the COVID-19 crisis and announces it will prioritize competition cases related to the pandemic

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 during the coronavirus crisis (Covid-19). Within the ECN, the national competition authorities of the Member States work closely with the European Commission. Companies are currently facing major economic challenges due to the emergence of the coronavirus (Covid-19). Competition law is well equipped to make a contribution in these circumstances.

Co-operation needed to avoid supply shortfalls and the threat of product shortages

In the current situation, cooperation between competitors may be necessary to secure the supply chain and avoid imminent disruptions in the supply of scarce products. In the case of temporary cooperation to ensure security of supply, it can be assumed that such forms of cooperation in relation to the coronavirus (Covid-19) will contribute to improving the production or distribution of goods.

In case of doubt as to the compatibility with competition law of the establishment of temporary cooperation related to the current crisis, the Competition Council may provide an informal opinion to the undertakings (see last paragraph).

The Competition Council gives priority to complaints related to the context of the Corona crisis and in particular those concerning health products to fight the virus

Products for the protection of health (e.g. protective masks, disinfectants, protective clothing, etc.) must be available without discrimination. The Competition Council will monitor any suspicion of excessive prices, artificial shortages of supply, agreements between undertakings or associations of undertakings or other abusive behavior in this area in particular. Complaints can be made using the form (complaint form). These complaints are given the highest priority.

The Competition Council can be contacted at any time

The Competition Council is at the disposal of undertakings for any question relating to the interpretation of competition law. To this end, the Council can be contacted electronically at info@concurrence.public.lu. The contact page of our website can also be used.

*This is the original title of the press release. The title above has been amended in order to match the e-Competitions format. Individual authors are welcome to provide original independent commentaries on the case law. Articles are subject to approval by the Board of e-Competitions Bulletin before publication based on the Editorial Policy (click here).

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Luxembourg Competition Authority, The Luxembourg Competition Authority clarifies implications of the European Competition Network’s joint statement on competition law during the COVID-19 crisis and announces it will prioritize competition cases related to the pandemic, 24 March 2020, e-Competitions March 2020, Art. N° 93937

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