The Luxembourg Administrative Tribunal rules for the first time on the Competition Authority's competence in matters of ex post control of concentrations in the energy sector (Fédération des Artisans / Encevo / Enovos Luxembourg / Paul Wagner / Fils)

Bleser, Gabriel; Patte, Clémence

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25 Jan 2021

The Luxembourg Administrative Tribunal rules for the first time on the Competition Authority’s competence in matters of ex post control of concentrations in the energy sector (Fédération des Artisans / Encevo / Enovos Luxembourg / Paul Wagner / Fils)

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Reference

Luxembourg Administrative Tribunal, Fédération des Artisans / Encevo / Enovos Luxembourg / Paul Wagner / Fils, Case number 43114, 25 January 2021 (French)

I. Introduction On January 25, 2021 the Administrative Tribunal of the Grand Duchy of Luxembourg (hereinafter the “Administrative Tribunal”) rendered a judgment ruling for the first time on the competence of the Competition Council of the Grand Duchy of Luxembourg (hereinafter the “Competition Council”) in matters of ex post control of concentrations [1]. This case concerns the acquisition of the entire share capital of the company Paul Wagner & Fils S.A. by the company Encevo S.A. which took place in July 2018. The non-profit association Fédération des Artisans (hereinafter the “Fédération des Artisans”) feared that this concentration brought serious risks of abuse on the part of the companies involved and argued that this concentration itself could constitute an abuse of a dominant

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Authors

Gabriel Bleser
Bonn & Schmitt (Luxembourg)

Luxembourg 26 contributions 87823 visits
Clémence Patte
Professional training school for the bars - Ecole de Formation du Barreau (Paris)

2 contributions 887 visits

Quotation

Gabriel Bleser, Clémence Patte, The Luxembourg Administrative Tribunal rules for the first time on the Competition Authority’s competence in matters of ex post control of concentrations in the energy sector (Fédération des Artisans / Encevo / Enovos Luxembourg / Paul Wagner / Fils), 25 January 2021, e-Competitions Burden of proof, Art. N° 99880

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