Competition Newsflash : New Powers For Competition Authority And New Case Law Concerning Exclusivity

New powers for the Competition Authority

The Digital Markets Act and the Regulation on foreign subsidies distorting the international market enter into force during this year 2023 and provide to the Luxembourg Competition Authority new powers (I).

CJEU judgment on Unilever

In its judgment of 19 January 2023, the European Court of Justice, answering two questions for preliminary rulings, extends its Intel case law to exclusivity clauses and specifies the conditions for imputing an abuse of a dominant position in a distribution network (II).

I. New powers for the Competition Authority

The Bill No. 8164 (hereinafter “the Bill”) submitted on 27 February 2023 intends to implement two European regulations : Regulation 2022/1925 known as the “Digital Markets Act” (hereinafter “the DMA”) and the Regulation on foreign subsidies distorting the international market (hereinafter “Regulation 2022/2560”). The Bill will introduce necessary legislative measures for the