On 20 January 2022, the Ministry of Economy launched a public
consultation on the possible implementation of a merger control
regime in Luxembourg.
The purpose of such a regime would be to give the Competition
Council the power and the tools to carry out an ex
ante control of certain mergers and acquisitions or other
alignments between undertakings which may have a restrictive effect
on competition in Luxembourg. Such a regime would allow for early
detection of such threats to competition, potentially limiting
damage to consumers and undertakings alike.
While this would be a novelty in Luxembourg law, such regimes
already exist at the level of the European Union as well as in the
other Member States of the European Union.
