Luxembourg: Competition Council
Luxembourg
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Luxembourg: Competition Council

Luxembourg: Competition Council

Luxembourg

Luxembourg: from the enforcer

Address: 34-38, avenue de la Liberté, L-1930 Luxembourg PO Box 856, 2018 Luxembourg
Tel: +352 24 78 41 74
Fax: +352 26 20 12 18
Email: [email protected]
Web: www.concurrence.lu

Contacts

Pierre Barthelmé
President
Email: [email protected]
Tel: +352 247 84750

Jean-Claude Weidert
Councilor
Email: [email protected]
Tel: +352 247 88408

Mattia Melloni
Councilor
Email: [email protected]
Tel: +352 247 88484

Agnès Germain
Councillor
Email: [email protected]
Tel: +352 247 84344

Questions and answers

How long is the head of agency’s term of office?

The agency’s head term is seven years. It can be renewed.

When is he or she due for reappointment?

His reappointment is due for 2025.

Which posts within the organisation are political appointments?

The effective and substitute councilors of the Council are appointed by the Grand Duke.

What is the agency’s annual budget?

The annual budget of the Council is around €1.3 million.

How many staff are employed by the agency?

The Council currently employs 11 people.

To whom does the head of the agency report?

The Council’s reports to the Minister of Economy and to the Parliament.

Do any industry-specific regulators have competition powers? If so, how do these relate to your agency’s role?

No.

May politicians overrule or disregard authority’s decisions? If they have ever exercised this right, describe the most recent example.

No.

Does the law allow non-competition aims to be considered when your agency takes decisions?

No, our legal provisions are competition-focused.

Which body hears appeals against the agency’s decisions? Is there any form of judicial review beyond that mentioned above? If so, which body conducts this? Has any competition decision by the agency been overturned?

The Tribunal administratif hears appeals against our decisions. The Cour administrative hears appeals against Tribunal administratif judgments.

The last decision overturned by the Tribunal administratif was decision No. 2014-FO-07 (https://concurrence.public.lu/fr/decisions/abus-de-position-dominante/2014/decision-2014-fo-07.html).

Has the authority ever blocked a proposed merger? If yes, please provide the most recent instance.

The Council is not dealing with merger control.

Has the authority ever imposed conditions on a proposed merger? If yes, please provide the most recent instances.

Non-applicable. See answer above.

Has the authority conducted a Phase II investigation in any of its merger filings? If yes, please provide the most recent instances.

Non-applicable. See answers above.

Has the authority ever pursued a company based outside your jurisdiction for a cartel offence? If yes, please provide the most recent instances.

The Council has imposed two fines on two German undertakings for market sharing and price fixing in the context of several Luxembourg tenders (Decision No. 2013-FO-03 – Aiguillages: https://concurrence.public.lu/fr/decisions/ententes/2013/decision- 2013-fo-03.html).

Do you operate a leniency programme? Whom should potential applicants contact? What discounts are available to companies that cooperate with cartel investigations?

Yes. Undertakings can contact us through a contact form available on our website or directly by phone. Undertakings can obtain immunity or a reduction of a fine.

Is there a criminal enforcement track? If so, who is responsible for it? Does the authority conduct criminal investigations and prosecutions for cartel activity? If not, is there another authority in the country that does?

No.

Are there any plans to reform the competition law?

Yes, there is, with the transposition of the Directive 2019/1.

When did the last review of the law occur?

The transposition of the EU damages actions Directive (Directive 2014/104/EU) caused the last modification of our law in 2016.

Do you have a separate economics team? If so, please give details.

Yes, we do have an economic team (two persons).

Has the authority conducted a dawn raid?

Yes.

Has the authority imposed penalties on officers or directors of companies for offences committed by the company? If yes, please provide the most recent instances.

No. Our law does not provide for this option.

What are the pre-merger notification thresholds, if any, for the buyer and seller involved in a merger?

Non-applicable. See answers above.

Are there any restrictions on investments that involve less than a majority stake in the business?

Non-applicable. See answers above.

 Organisation chart

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Luxembourg: from the enforcer's competition economists

How many economists do you employ?

We currently employ two economists. Our president has also an economic background.

Do you have a separate economics unit?

Yes.

Do you have a chief economist?

Yes, Jean-Claude Weidert. He holds a master’s in econometrics from Louis Pasteur University in Strasbourg. Certified as a European financial analyst, he spent 20 years as an economist in the financial sector.

To whom does the chief economist report?

The Chief Economist reports as a councillor to the President of the Competition Council.

Does the chief economist have the power to hire his or her own staff?

Staff recruitment takes place at the Competition Council, a process in which the Chief Economist actively participates.

How many of your economists have a PhD in industrial economics?

None.

Does the agency include a specialist economist on every case team? If not, why not?

No. The case team may seek the opinion and advice of an economist if needed.

Is the economics unit a ‘second pair of eyes’ during cases – is it one of the agency’s checks and balances? If not, why not?

No. The Council takes independent decisions on cases prepared by the case teams.

How much economics work is outsourced? What type of work is outsourced?

Depending on the cases, the councilors seek outside expert opinions and advice on specific technical matters. There is no general rule.

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