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 Luxembourg Act on Restrictive Commercial Practices does not contain to date any provisions explicitly relating to merger control. Where the EU thresholds are satisfied, or upon request by the Luxembourg authorities (the so-called “Dutch clause”, see Article 22, EC Merger Regulation No 139/2004), mergers may be controlled under European Merger Regulation . Alternatively, a merger that creates o …

Absence of national legislation

The Luxembourg Act on Restrictive Commercial Practices does not contain to date any provisions explicitly relating to merger control. Where the EU thresholds are satisfied, or upon request by the Luxembourg authorities (the so-called “Dutch clause”, see Article 22, EC Merger Regulation No 139/2004), mergers may be controlled under European Merger Regulation . Alternatively, a merger that creates or strengthens a dominant position could potentially be controlled under the 2011 Act by applying Article 5 relating to abuse of a dominant position. Likewise, a merger agreement with an anticompetitive effect could also potentially be controlled pursuant to Article 3 of that Act.

A working group set up by the Competition Council on the appropriateness of laying down a control of mergers in Luxembourg issued its opinion on 31 October 2016. According to the working group, establishing a flexible merger control procedure would be beneficial both to consumers and the undertakings. The working group recommends a system of voluntary notification in order to cut unnecessary costs and to avoid having to set notification thresholds. Indicative turnover thresholds, limited to domestic activities may however be useful to set a safe harbor under which the undertakings have the guarantee that the Competition Council will not investigate their transaction. As regards the control criterium, the working group strongly suggests the use of the SIEC test. Finally, according to the group, an intervention right could be granted to the Minister of the Economy in order to allow the completion of a merger prohibited by the Competition Council based on strictly competition-related grounds where such transaction might be justified on public interest grounds. 

Global Competition Law

513. Absence of national legislation

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Les notions juridiques connexes

513. Absence of national legislation

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Les notions juridiques connexes

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