Luxembourg/EU, 2004

Score = 18

Governed by: Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies	Fines	1	Articles 18-20 of Luxembourg’s Competition Act provides guidelines for fining for various offenses.
	Prison Sentences	0
	Divestitures	1	Article 7 of CR 1/2003 allows for structural remedies. Luxembourg’s Competition Act does not provide for divestitures.
Private Enforcement	3rd Party Initiation	1	Article 9 of Luxembourg’s Competition Act says that the national 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
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 82(b) of the EU Treaty prohibits abuse of a dominant position.
	Abusive Acts	1	Article 82 of the EU Treaty prohibits abuse of a dominant position.
	Price Setting	1	Article 82(a) of the EU Treaty prohibits price setting.
	Discriminatory Pricing	1	Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.
	Resale Price Maintenance	1	Article 81 of the EU Treaty prohibits minimum resale price restrictions.
	Obstacles to Entry	1	Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	Articles 81(1)(a) of the EU Treaty prohibits price fixing.
	Tying	1	Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.
	Market Division	1	Article 81 of the EU Treaty prohibits customer allocation clauses.
	Output Restraint	1	Article 81(1)(b) of the EU Treaty prohibits limiting production.
	Market Sharing	1	Article 81(1)(c) of the EU Treaty prohibits market sharing.
	Eliminating Competitors	1	Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition.
	Collusive Tendering/Bid-Rigging	1	Article 81 of the EU Treaty prohibits bid-rigging.
	Supply Refusal	1	Article 81(1)(b) of the EU Treaty prohibits supply refusal.
	Efficiency Defense	1	Article 81(3) of the EU Treaty allows an efficiency defense.