Luxembourg (May 17, 2004)

Score = 10

Governed by: Loi du 17 mai 2004 relative à la concurrence (hereinafter referred to as “Competition Act”).

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	0
Remedies	Fines	1	Article 18 provides guidelines for fining for various offenses.
	Prison Sentences	0
	Divestitures	0
Private Enforcement	3rd Party Initiation	1	Article 9 says that the Council will begin inspection upon a valid complaint by somebody with a legitimate interest.
	Remedies Available to 3rd Parties	0
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary	0
	Mandatory	0
	Pre-merger	0
	Post-merger	0
Merger Assessment	Dominance	0
	Restriction of Competition	0
	Public Interest (Pro D)	0
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	0
Dominance	Limits Access	1	Article 5(2) lists limiting production or markets as an example of an abusive act.
	Abusive Acts	1	Article 5 prohibits abuses of a dominant position.
	Price Setting	1	Article 5(1) lists prices setting as an example of an abusive act.
	Discriminatory Pricing	1	Article 5(3) lists applying unequal conditions as an example of an abusive act.
	Resale Price Maintenance	0
	Obstacles to Entry	0
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	Article 3(1) prohibits price fixing.
	Tying	1	Article 3(5) prohibits tying arrangements.
	Market Division	0
	Output Restraint	1	Article 3(2) prohibits limiting and controlling production.
	Market Sharing	1	Article 3(3) prohibits market sharing.
	Eliminating Competitors	0
	Collusive Tendering/Bid-Rigging	0
	Supply Refusal	0
	Efficiency Defense	1	Article 4 gives an exemption to agreements that improve production or distribution or promotes technical or economic progress.