Cartel Regulation 2013 - Luxembourg

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

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Cartel Regulation 2013 - Luxembourg

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Cartel Regulation 2013, (published in November 2012; contributing editor: D Martin Low QC of McMillan

Legislation and jurisdiction

1 Relevant legislation

What is the relevant legislation and who enforces it?

The Law on Competition of 23rd October 2011 (Memorial 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. The 2011 Law does not change the provisions of the prohibition of cartels (article 3 of the 2011 Law).

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 2004 Law authorised the setting up of the Council and the Investigation Division. The Council, an independent administrative authority composed of three members, was in charge of the decision making process in order to enforce competition law.

The Investigation Division, a service of the Ministry of Economics and Foreign Trade, was in charge of the registration of the complaints of infringements of competition law, the investigation and the submission of reports to the Council. The Investigation Division was entitled to require the undertakings to provide all necessary information by simple request or decision, interview natural or legal persons and conduct all necessary inspections. Generally, the powers of the Investigation Division were s...

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