Dominance 2013 - Luxembourg

Mondaq Business BriefingLuxembourg Articles in EnglishAnti-trust/Competition Law (2013)

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Dominance 2013 - Luxembourg

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Dominance 2013, (published in December 2012; contributing editors Thomas Janssens and Thomas Wessely, Freshfields Bruckhaus Deringer).

1 Legislation

What is the legislation applying specifically to the behaviour of dominant firms?

The Law on Competition of 23 October 2011 (Mémorial A 2011, No. 218, p 3755) (the 2011 Law) has abrogated the Law on Competition of 17 May 2004 (the 2004 Law) with effect as of 1 February 2012.

Further, the law of 30 July 2002 (the 2002 Law) governing certain commercial practices and prohibiting unfair competition, as amended, prohibits anti-competitive practices such as sale at a loss. This anti-competitive practice may be considered as an abuse of a dominant position if exercised by one or several undertakings in a dominant position in the relevant market.

The 2011 Law provides for the enforcement of articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) (ex articles 81 and 82 of the EC Treaty) and basically mirrors EU Regulation No. 1/2003.

The 2011 Law does not change the provisions of the prohibition of any abuse by one or more undertakings of a dominant position with the market (article 5 of the 2011 Law) but provides for various changes to the competition law regime:

the merger of the Invest...

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