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Restructuring and Corporate Recovery measures in Luxembourg – April 2020

Restructuring and Corporate Recovery measures in Luxembourg – April 2020
21/04/2020

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) 

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Covid-19 Impact on Luxembourg Contractual Obligations

Covid-19 Impact on Luxembourg Contractual Obligations
07/04/2020

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.

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Contracts and commercial litigation: Covid-19 as an unforeseeable event and/or a material adverse change

Contracts and commercial litigation: Covid-19 as an unforeseeable event and/or a material adverse change
27/03/2020

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. 

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Buying alliances in Europe are under threat

Buying alliances in Europe are under threat
05/12/2019

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.

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Competition update: Digital sector, provisional measures and competition law revision

Competition update: Digital sector, provisional measures and competition law revision
21/10/2019

At EU level, a number of developments took place over the summer regarding potential competition law infringements in the digital sector. 

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Acquisition of shares: No abuse of dominance

Acquisition of shares: No abuse of dominance
07/06/2019

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

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Sales practices: geo-blocking and territorial segmentation of the market becoming more difficult in Luxembourg

Sales practices: geo-blocking and territorial segmentation of the market becoming more difficult in Luxembourg
30/01/2019

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

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Useful details concerning competition law inquiries

Useful details concerning competition law inquiries
26/10/2018

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

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Cooperation between companies from the standpoint of competition law and the FEDIL competition conference of October 23, 2018

Cooperation between companies from the standpoint of competition law and the FEDIL competition conference of October 23, 2018
19/10/2018

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 

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Competition law and algorithms: the Luxembourg Competition Council exempts a booking platform in the taxi sector

Competition law and algorithms: the Luxembourg Competition Council exempts a booking platform in the taxi sector
14/06/2018

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.

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