The Luxembourg Administrative Tribunal annuls decisions imposing interim measures and fines in the telecommunications sector (Entreprise des Postes et Télécommunications)

Introduction In a judgment dated 20 May 2009 (the Judgment), the Luxembourg administrative tribunal (the Tribunal) annulled two decisions of the Competition Council (the Council) and the President of the Council (the President) concerning interim measures and fines imposed on the Entreprise des Postes et Télécommunications (EPT), the incumbent telecommunications operator. The Judgment, against which an appeal is pending before the administrative court, provides an indication of the extent to which procedural rules will be applied to interim measures proceedings in competition cases. Background On 26 April 2006, several competitors of EPT filed a complaint before the Competition Inspectorate (the Inspectorate), accusing EPT of abusing its dominant position in relation to the bundling