On 24 November 2022, Luxembourg enacted a new law on competition
("Law"), aiming to overhaul the current
competition legislation and transpose into Luxembourg law Directive
(EU) 2019/1 to empower the competition authorities of the Member
States to be more effective enforcers and to ensure the proper
functioning of the internal market
("Directive"). The Law repeals and
replaces the law on competition of 23 October 2011. It is due to
enter into force on 1 January 2023.
Why is it important? The Law transforms both
the internal organisation and the statute of the Competition
Council (Conseil de la concurrence). It becomes an
"établissement public" and will be
renamed "National Competition Authority"
(Autorité de concurrence du Grand-Duché de
Luxembourg, the "Authority"). In
addition, the Law modifies the powers of the Authority during the
investigation as well as certain other elements of procedure.
