Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The 2011 Act is applicable throughout the territory of Luxembourg and aims to prohibit the activities of undertakings that have an anticompetitive effect on the domestic market.
  Article 1 of the Act states that it “shall apply to all activities of production and distribution of goods and services, including those which are the result of legal entities of public law”.
  A number of sectors of act …

Scope

Competition law in Luxembourg is governed by the Act of 17 June 1970 on Restrictive Commercial Practices, which was last amended in 1993. The law was reformed by the Act on competition of 17 May 2004, which replaced the Commission on Restrictive Commercial Practices by a Competition Council with responsibility for applying the competition laws of both Luxembourg and the EU. Procedural rules were amended in order to bring Luxembourg's competition regime more in line with EU rules. The Act of 17 May 2004 was repealed and replaced by the Act of 23 October 2011 on competition, published in the Mémorial (official gazette) of 28 October 2011. The new Act came into force on 1 February 2012. 

It reorganizes the Luxembourg competition authority and grants it more autonomy and greater powers. In addition it brings the leniency procedure introduced by the 2004 act into line with the leniency program developed by the European Competition Network. It governs restrictive agreements and abuse of dominance but does not contain any provisions explicitly relating to merger control.

Context

The 2011 Act is applicable throughout the territory of Luxembourg and aims to prohibit the activities of undertakings that have an anticompetitive effect on the domestic market.

  Article 1 of the Act states that it “shall apply to all activities of production and distribution of goods and services, including those which are the result of legal entities of public law”.

  A number of sectors of activity in Luxembourg (electricity, gas, postal services, telecommunications, financial services and insurance) are governed by regulatory authorities. Article 19 of the Act authorized the competition authority to require from the sectoral regulators, and all other administrations or public institutions, information, including confidential information, necessary for the establishment of an infringement of the rules of competition.

Global Competition Law

500. Scope

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Les notions juridiques connexes

500. Scope

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Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise