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.
On November 30, 2017, the Administrative Court upheld the Administrative Tribunal's judgment of 27 April 2017, according to which a private laboratory must be authorized to expand its activities in the field of pathological anatomy
Le 1er juin 2017, la Cour administrative a rendu son arrêt, portant le numéro 38930C du rôle, dans une affaire très importante relative à une condamnation de l’entreprise Post pour abus de position dominante. Le Conseil de la concurrence avait infligé par sa décision du 13 novembre 2014 (n° 2014-F0-07), à Post une amende de 2.520.000 euros.
By a Law dated 23 December 2016 , the Luxembourg legislator adopted Bill of law 7022 (a) implementing (i) Directive 2014/57/EU on criminal sanctions for market abuse as well as (ii) the Commission Implementing Directive 2015/2392/EU with regard to reporting to competent authorities of actual or potential infringements in relation to the market abuse regulation;
By Decision 2017-E-01 dated 8 March 2017, the Luxembourg Competition Council has accepted commitments offered by two companies operating in the passenger transport market in response to concerns regarding the conformity of their tender for public procurement contracts with competition law.
Following the adoption of the new EU General Data Protection Regulation (GDPR) on 27 April 2016, most organisations began to re-examine their internal processes and procedures in order to ensure compliance with the new requirements before its entry into force in May 2018.
On 7 December 2016, competition law in Luxembourg was considerably strengthened by the entry into force of the law implementing EU Directive 2014/104, which is aimed at assisting victims of anti-competitive practices (cartel or concerted practice, agreement, other anti-competitive arrangement, abuse of a dominant position) in bringing actions for damages before the civil courts. This new law introduces several important provisions which will help victims to more easily establish the fault, i.e. the illegality of the conduct, of an undertaking which has infringed the rules of competition and quantify the harm suffered
On 26 July 2016, the Luxembourg Competition Council ("Conseil de la Concurrence") issued a decision in which it stressed that a resale price maintenance ("RPM") practice, i.e. an agreement or concerted practice between a supplier and a distributor leading to fixed or minimum prices for end users, constitutes a hard core and "by object" violation of EU and/or Luxembourg competition rules.
