The Luxembourg Competition Authority imposes its highest ever fine of €3.3M for retail price maintenance practices (Bahlsen / Auchan / Cactus / Delhaize)

I. Introduction On 18 November 2020, at the end of an eventful 2020, the Luxembourg Competition Council announced the adoption of “the most important decision that the authority has ever taken, in terms of content and the amount of the penalty”. [1] Indeed, the imposition of an aggregate fine of EUR 3.3 million against German biscuit manufacturer Bahlsen and the three supermarket chains Auchan, Delhaize, and Cactus is in many ways remarkable. Aside from the substantive assessment of the resale price maintenance practices that lie at the heart of the infringement, a number of policy conclusions can be drawn from the decision and accompanying statements of the Competition Council. It is fair to assume that the decision not only marks the end of a five year long investigation, but also the