Luxembourg (April 20, 1989): Difference between revisions
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Latest revision as of 12:47, 12 October 2007
Score = 5
Governed by: Version consolidée de la loi du 17 juin 1970 concernant les pratiques commerciales restrictives, telle que modifiée par la loi du 20 avril 1989 (hereinafter referred to as “Competition Act”). [1][2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 8 allows the Minister to impose fines for certain violations of Article 1. |
| Prison Sentences | 1 | Article 8 allows the Minister to impose imprisonment for some violations of Article 1. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 5 says that the Commission hears complaints from all “interested parties”. |
| 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 | 0 | |
| Abusive Acts | 1 | Article 1(2) prohibits abuses by companies in a dominant position. | |
| Price Setting | 0 | ||
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | Article 2(2) exempts from the Article 1 prohibitions agreements that improve the economy or lead to advancements in production or distribution. | |
| Restrictive Trade Practices | Price Fixing | 0 | |
| Tying | 0 | ||
| Market Division | 0 | ||
| Output Restraint | 0 | ||
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | [3] | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 2(2) exempts from the Article 1 prohibitions agreements that improve the economy or lead to advancements in production or distribution. |
References
- ↑ Ministère de l’Économie website, http://www.eco.public.lu/documentation/legislation/lois/1970/06/17_pratiques_commerciales/index.html (own translation).
- ↑ Google Translation
- ↑ The text of the law says that agreements that have the object and effect to restrict competition are illegal however there are no specific examples that fit into the framework of this report.