Competition Law at Luxembourg
Here’s a clear overview of Competition Law in Luxembourg:
🇱🇺 Legal Framework
Luxembourg’s competition law is aligned closely with European Union competition law, as it is an EU member state.
Key national laws include:
Law of 10 August 2016 on the protection of competition (transposes EU competition rules into national law).
Luxembourg Commercial Code contains some provisions related to competition.
EU competition law (Articles 101 and 102 TFEU) applies fully and directly in Luxembourg.
🏛️ Enforcement Authorities
Institut Luxembourgeois de Régulation (ILR):
Independent authority responsible for enforcing competition law in sectors like telecommunications and postal services.
Luxembourg Competition Council (Conseil de la concurrence):
Adjudicates competition cases at the national level and may impose sanctions.
European Commission:
Has jurisdiction over cross-border and significant cases affecting the EU internal market.
⚖️ Key Competition Rules
Prohibition of anti-competitive agreements (e.g., cartels, price-fixing).
Abuse of dominant position (e.g., unfair pricing, refusal to supply).
Merger control:
Certain mergers must be notified and cleared by the European Commission.
Luxembourg may have limited jurisdiction over smaller mergers that do not meet EU thresholds.
🧭 Practical Implications
Companies in Luxembourg must comply with both EU and national competition laws.
The Luxembourg Competition Council handles cases affecting the local market.
For larger or cross-border cases, the European Commission takes the lead.
📚 Summary
Luxembourg’s competition law framework is heavily integrated with EU competition law, with national authorities enforcing rules at a local level and the European Commission overseeing larger-scale matters. This dual system ensures both local market fairness and compliance with EU-wide competition principles.
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