LUXEMBOURG

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Content last updated: 16-04-2020

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  • Merger Control Regime
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1. Supranationality

1.1 Membership of Supranational Organization

1.1.1 Is the jurisdiction a member of/party to a supranational jurisdiction?

Yes.

1.1.2 Is the jurisdiction itself a supranational jurisdiction?

No.

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 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 Luxembourg is precluded from applying its own domestic merger control rules to the transaction.

2. Establishing jurisdiction for notification of mergers

2.3 General thresholds

2.3.1 Threshold(s) for when a concentration must be notified under the general merger control regime?

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.

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