- 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