The Luxembourg Administrative Court dismisses the appeal of the state of Luxembourg and confirms the annulment of the decisions imposing interim measures against national incumbent telecom operator (P&T)

1. Facts Several telecommunications companies [1] introduced a complaint for abuse of dominant position [2] against “Entreprise des Postes et Télécommunications” (hereafter “P&T”) [3] to the Luxembourg Competition Inspectorate. The latter requested the President of the Luxembourg Competition Council (hereafter “the President”) to take interim measures. On 22 January 2008, the President adopted a decision that contained interim measures against P&T and it asked the Competition Council (hereafter “the Council”) to compel P&T to comply with the measures ordered by the decision. On 26 February 2008, the Council adopted a decision imposing a financial penalty in case of breach of the first interim measures ordered by the decision of 22 January 2008. P&T lodged a judicial appeal

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  • Grisay – Lawyers and consultants (Brussels)

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David Leys, The Luxembourg Administrative Court dismisses the appeal of the state of Luxembourg and confirms the annulment of the decisions imposing interim measures against national incumbent telecom operator (P&T), 4 March 2010, e-Competitions Due Process Research Program, Art. N° 32058

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