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ARTICLE · 28 JANUARY 2022

EU, Competition And Antitrust: Recent Activity Of The Competition Council

ELVINGER HOSS PRUSSEN, société anonyme
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In Decision n°2021-C-03 of 16 December 2021, the Council analysed whether the acquisition of a minority shareholding in the capital of a competitor constitutes a violation of competition rules.

LuxembourgAntitrust/Competition Law
  • Two dismissal decisions adopted by the Competition Council ("Council")

In Decision n°2021-C-03  of 16 December 2021, the Council analysed whether the acquisition of a minority shareholding in the capital of a competitor constitutes a violation of competition rules. The Council found that, in the case at hand, the minority shareholder had neither a blocking minority nor access to information likely to influence its own competitive behaviour. Based on these elements, the Council ruled out the existence of an infringement of competition law.

In Decision n°2021-C-04  of 22 December 2021, the Council assessed the award of a public contract by the municipality of Hesperange to Publi-Lux, a publishing company. A complainant alleged a violation of competition law by both Publi-Lux and the municipality of Hesperange due to the alleged dominant position held by Publi-Lux. The Council found, first, that it has no jurisdiction to rule on a violation of competition by

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