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1.1 Membership of Supranational Organization
1.1.1 Is the jurisdiction a member of/party to a supranational jurisdiction?
1.1.2 Is the jurisdiction itself a supranational jurisdiction?
1.1.3 If the answer to Section 1.1.1 and/or 1.1.2 above is in the affirmative, what are the implications hereof?
As a member of the EU, Luxembourg is subject to the supranational authority of the EU, including EU merger control rules under the EU Merger Regulation enforced by the Directorate General for Competition of the European Commission.
This means that if the concentration meets the turnover thresholds applicable for the EU’s merger control regime, the concentration must be notified to the European Commission and the transaction is subject to merger control under the EU merger control regime and must be notified to the European Commission.
2. Establishing jurisdiction for notification of mergers
2.3 General thresholds
There is no merger control regime in Luxembourg.
However, the Luxembourg Competition Act prohibits i) anti-competitive agreements or concerted practices between undertakings or groups of undertakings and ii) abuse of a dominant position by an undertaking or a group of undertakings. The Competition Council has the powers to investigate and rule unlawful a concentration that abuses a dominant position.
The Competition Council has in two previous cases based its opinion on the European Court of Justice case C-6/72 Continental Can. The Competition Council held that there is an abuse of a dominant position if the dominant purchaser faces no competitive pressure from the remaining competitors on the market post-transaction.
and last updated 16-12-2020 by
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