Luxembourg/EU, 2004: Difference between revisions

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New page: '''Score = 27''' ''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.<ref>EU statutes and regulations available ...
 
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'''Score = 27'''
'''Score = 18'''


''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.<ref>EU statutes and regulations available online from the European Competition  Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>
''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.<ref>EU statutes and regulations available online from the European Competition  Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>
   
   
{| class="wikitable"
{| class="wikitable"
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| Extraterritoriality
| Extraterritoriality
| 1
| 1
| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref>
| EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.


|- class="categorydivision"
|- class="categorydivision"
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| Fines
| Fines
| 1
| 1
| Articles 13 and 19 allow for fines for serious violations of the Competition Act.
| Articles 18-20 of Luxembourg’s Competition Act provides guidelines for fining for various offenses.


|-
|-
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| Divestitures
| Divestitures
| 1
| 1
| Article 7 of Council Regulation No. 1/2003 allows for structural remedies.
| Article 7 of CR 1/2003 allows for structural remedies.  Luxembourg’s Competition Act does not provide for divestitures.


|- class="categorydivision"
|- class="categorydivision"
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| 3rd Party Initiation
| 3rd Party Initiation
| 1
| 1
| Article 12 says that any interested party can bring a violation to the attention of the Authority.
| 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
| Remedies Available to 3rd Parties
| 1
| 0
| Article 33 allows 3rd parties to file a civil suit for damages.
|  
|-
|-
|  
|  
| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
| 1
| 0
| Article 27(3) of Council Regulation No. 1/2003 affords evidentiary rights to 3rd parties.
|  


|- class="categorydivision"
|- class="categorydivision"
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|  
|  
| Mandatory
| Mandatory
| 3
| 0
| Article 7(1) of CR 139/2004 requires notification.<ref>The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements.  However, because a formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded here as requiring mandatory pre-merger notification.</ref>
|
|-
|-
|  
|  
| Pre-merger
| Pre-merger
| 2
| Article 7(1) of 139/2004 requires pre-clearance.
|-
|
| Post-merger
| 0
| 0
|  
|  
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| Merger Assessment
| Merger Assessment
| Dominance
| Dominance
| 1
| 0
| Article 2(1) of CR 139/2004 considers dominance.
|  
|-
|-
|  
|  
| Restriction of Competition
| Restriction of Competition
| 1
| 0
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.
|  
|-
|-
|  
|  
| Public Interest (Pro D)
| Public Interest (Pro D)
| 1
| 0
| Article 2(1) of CR 139/2004 considers the development of technical and economic progress.
|  
|-
|-
|  
|  
| Public Interest (Pro Authority)
| Public Interest (Pro Authority)
| 1
| 0
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.
|  
|-
|-
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|  
|  
| Efficiency
| Efficiency
| 1
| 0
| Article 2(1) of CR 139/2004 allows an efficiency defense.
|  
|- class="categorydivision"
|- class="categorydivision"
| Dominance
| Dominance
| Limits Access
| Limits Access
| 1
| 1
| Article 82(b) prohibits abuse of a dominant position.
| Article 82(b) of the EU Treaty prohibits abuse of a dominant position.
|-
|-
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| Abusive Acts
| Abusive Acts
| 1
| 1
| Article 82 prohibits abuse of a dominant position.
| Article 82 of the EU Treaty prohibits abuse of a dominant position.


|-
|-
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| Price Setting
| Price Setting
| 1
| 1
| Article 82(a) prohibits price setting.  
| Article 82(a) of the EU Treaty prohibits price setting.  
   
   


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| Discriminatory Pricing
| Discriminatory Pricing
| 1
| 1
| Articles 81(1)(d), 82(c) prohibit discrimatory conditions.
| Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.
|-
|-
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| Resale Price Maintenance
| Resale Price Maintenance
| 1
| 1
| Article 81 prohibits minimum resale price restrictions.<ref>EC Competition Law, at 97.</ref>  
| Article 81 of the EU Treaty prohibits minimum resale price restrictions.<ref>EC Competition Law, at 97.</ref>  
|-
|-
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| Obstacles to Entry
| Obstacles to Entry
| 1
| 1
| Article 82 prohibits anti-competitive pricing schemes.<ref>Id, at 283.</ref>  
| Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.<ref>Id, at 283.</ref>  
|-
|-
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| Price Fixing
| Price Fixing
| 1
| 1
| Articles 81(1)(a) prohibits price fixing.
| Articles 81(1)(a) of the EU Treaty prohibits price fixing.
|-
|-
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| Tying
| Tying
| 1  
| 1  
| Articles 81(1)(e), 82(d) prohibit tying.  
| Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.  
|-
|-
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| Market Division
| Market Division
| 1
| 1
| Article 81 prohibits customer allocation clauses.<ref>Id, at 97.</ref>
| Article 81 of the EU Treaty prohibits customer allocation clauses.<ref>Id, at 97.</ref>
|-
|-
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| Output Restraint
| Output Restraint
| 1  
| 1  
| Article 81(1)(b) prohibits limiting production.  
| Article 81(1)(b) of the EU Treaty prohibits limiting production.  
   
   
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| Market Sharing
| Market Sharing
| 1
| 1
| Article 81(1)(c) prohibits market sharing.  
| Article 81(1)(c) of the EU Treaty prohibits market sharing.  
|-
|-
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| Eliminating Competitors
| Eliminating Competitors
| 1
| 1
| Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition.
| Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition.
|-
|-
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| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
| 1
| 1
| Article 81 prohibits bid-rigging.
| Article 81 of the EU Treaty prohibits bid-rigging.
|-
|-
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| Supply Refusal
| Supply Refusal
| 1
| 1
| Article 81(1)(b) prohibits supply refusal.
| Article 81(1)(b) of the EU Treaty prohibits supply refusal.
|-
|-
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| Efficiency Defense
| Efficiency Defense
| 1
| 1
| Article 81(3) allows an efficiency defense.
| Article 81(3) of the EU Treaty allows an efficiency defense.
|}
|}

Latest revision as of 23:49, 16 August 2008

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.[1]

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.[2]
Obstacles to Entry 1 Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[3]
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.[4]
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.

References

  1. ↑ EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
  2. ↑ EC Competition Law, at 97.
  3. ↑ Id, at 283.
  4. ↑ Id, at 97.
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