Mededingingsrecht

Enquête sectorielle du Conseil de la concurrence sur le marché des auto-écoles: absence de pratique anti-concurrentielle et recommandations
28/01/2016

Suite à la libéralisation des prix des leçons de conduite des auto-écoles en juillet 2011 et dans le cadre de sa mission légale (article 33 de la Loi du 23 octobre 2011 relative à la concurrence), le Conseil de la concurrence avait ouvert une enquête sectorielle dans le secteur des auto-écoles au Grand-Duché de Luxembourg.

Read more

Luxembourg Competition Council undertaking sector inquiry into distribution networks in the retail market
25/05/2015

Following complaints by the Luxembourg retail sector and the attention by the European Commission on possible restrictions on the internal market in the retail sector, the Luxembourg Competition Council opened in an inquiry into the distribution networks in the retail market of Luxembourg at the end of 2014. The Competition Council will more particularly assess whether the obligation for Luxembourg retailers to source most fast moving consumer goods from Belgian wholesalers and suppliers is legal from a competition law perspective. The inquiry results, which are expected by the end of 2015, may lead to ex officio actions against any anticompetitive behaviour of suppliers that would be identified.

Read more

Directive On Certain Rules Governing Actions For Damages For Infringements Of The Competition Law Provisions/Directive Relative À Certaines Règles Régissant Les Actions En Dommages / Intérêts Pour Les Infractions Aux Dispositions Du Droit De La Concurrenc
20/02/2015

The directive 2014/104/UE on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union was adopted on 26 November 2014 and published on 5 December 2014. This directive seeks to promote and address obstacles to successful antitrust damages claims before national courts. Member States have two years to implement it into national law.

Read more

European Commission investigates on a potential State aid to Fiat Finance and Trade
30/12/2014

On 30 September 2014, the European Commission (the "EC") published the non-confidential version of a decision taken on 11 June 2014 launching a formal in-depth investigation in relation to transfer pricing arrangements on corporate income taxation ("CIT") of Fiat Finance and Trade ("FFT") in Luxembourg.

Read more

Bundeskartellamt published revised guidelines on foreign-to-foreign mergers
27/11/2014

On 30 September 2014, the German Bundeskartellamt published a revised guidance paper on "Domestic Effects in Merger Control". The guidance paper aims to provide more legal certainty for concentrations between companies based outside Germany, which often raise the question as to whether German notification thresholds are triggered. The paper provides an analytical framework to assess scenarios in which domestic effects can either be clearly identified or ruled out and identifies essential criteria for the necessary case-by-case assessment of domestic effects in other cases.

Read more

GC annuled fine for Soliver in car glass cartel
21/11/2014

On 10 October 2014, the General Court ("GC") struck down the Commission decision against Soliver NV (Case T-68/09) given that it had failed to establish that Soliver had participated in a single and continuous infringement of Article 101 TFEU in the automotive glass sector. The GC therefore annulled the EUR 4,396,000 fine imposed on Soliver.

Read more

The Court of Justice dismissed ICF appeal in the aluminum fluoride cartel case
10/11/2014

On 9 October 2014, the Court of Justice dismissed the appeal lodged by Industries Chimiques du Fluor ("ICF") against the judgment of 18 June 2013, in which the General Court ("GC") rejected its application for annulment of the Commission's decision concerning a worldwide price-fixing and market-sharing cartel on the aluminum fluoride market. Two legal points merit attention.

Read more

Third parties have the right to access uncontested parts of cartel decisions
04/11/2014

On 7 October 2014, the General Court ("GC") handed down a judgment in the hotly debated area of access to the file. Damage claimants are frequently seeking access to information contained in the Commission's file in order to substantiate their claims for damages. In this case, DB Schenker had requested the Commission access to the entire case file in the air cargo investigation, to the confidential version of the Decision or to the non-confidential version of the Decision on the basis of the Transparency Regulation (Regulation 1049/2002). After the Commission denied the requests, DB Schenker appealed to the GC. Seven air cargo carriers joined the proceedings as interveners on the Commission's side.

 

Read more

Court of Justice provided further guidance on the facts that should be considered when deciding on the imputability of aid measures to Member States
10/10/2014

The EU state aid rules are directed to Member States. In situations where public undertakings take measures which can be seen as conferring an advantage on another undertaking, the question can arise whether that measure should in fact be imputed to the Member State which owns the public undertaking. Against this background the Court of Justice has developed jurisprudence as to the imputability to the State of measures taken by undertakings.

Read more

Het neerleggen van klacht voor een mededingingsautoriteit
04/09/2014

Een recente EU-beslissing benadrukt het belang van een minutieuze voorbereiding van een klacht betreffende mededingingsbeperkende praktijken.

Read more