Implementation Of Regulations On Digital Markets And Foreign Subsidies: Luxembourg Competition Authority Gains Expanded Powers

On 23 March 2023, the Luxembourg Chamber of Deputies enacted Bill N°8164, amending the Law of 30 November 2022 on competition_ ("Law") and thereby increasing the powers of the Luxembourg Competition Authority by implementing both Regulation 2022/1925, also known as the Digital Markets Act_ ("DMA"), and Regulation 2022/2560 on foreign subsidies distorting the internal market_ ("FSR").

1. New ex-ante EU competition rules for Gatekeepers under the DMA

The DMA, which entered into force from 1 November 2022, aims at rebalancing the relationship between the large digital platforms that control access to digital markets (defined as "gatekeepers") and user businesses by imposing harmonised rules to avoid unfair or unethical behaviour by gatekeepers.