Luxembourg went into full Coronavirus lockdown on March 16. By the ministerial decree of 16 March 2020, the State narrowed down the movement of citizens to the essential activities (notably the procurement of food, medication and basic necessities and travel to health facilities)
In this unprecedented health crisis, many economic actors are facing the impossibility of fulfilling their contractual obligations or do not wish to honour them because they are no longer commercially viable.
For contracts governed by Luxembourg law, the parties may wish to consider if the COVID-19 outbreak has rendered the obligation impossible to fulfil and could thus qualify as an event of force majeure within the meaning of the Luxembourg Civil Code.
On Monday 18 November 2019 the Dutch Authority for Consumers and Markets ("ACM") announced that the regulator had dawn raided several large traders in the agriculture sector. These dawn-raids follow a European trend in which regulators across Europe focus on buying alliances and cartels in the agricultural and retail sectors. In this blog we will discuss this trend.
At EU level, a number of developments took place over the summer regarding potential competition law infringements in the digital sector.
By Decision 2019-R-01 of 15 March 2019, the Competition Council (“Council”) dismissed the complaint filed against Encevo S.A. (“Encevo”), Enovos Luxembourg S.A. (“Enovos”), the number one energy suppliers in Luxembourg
Since 3 December 2018, EU Regulation 2018/302 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market has been directly effective in the European Union
A request for information, issued by the Designated Advisor to the Competition Council in the context of an investigation of anti-competitive practices, is not subject to an action for annulment before the Administrative Tribunal
The boundaries between the legal and the illegal can be very tight, which can be observed in the context of business cooperation agreements. On the Luxembourg market, companies may want to collaborate to better meet certain customer requirements
Algorithms is the hot topic in competition law. In June 2017, the OECD published a paper on the risk of collusion in the use of algorithms. This issue has been regularly addressed by Commissioner Vestager in her speeches.
