Elvinger Hoss Prussen assisted a large Luxembourgish
supermarket group in obtaining the annulment of a decision by the
Luxembourg Competition Authority imposing a fine for an alleged
vertical price-fixing agreement. Two related decisions were
partially overturned.
What is the context? In 2015, the Conseil
de la concurrence of Luxembourg (since renamed
Autorité de la concurrence the
"Authority") opened an investigation
into the distribution of sweet and salted snacks, for which it
suspected that several retail distributors had aligned resale
prices. In 2020, the Authority issued three decisions sanctioning the supplier and three
retail distributors for alleged vertical agreements on consumer
prices. Judicial actions were introduced against all three
decisions. On 14 December 2022, the Administrative Tribunal
annulled one of the decisions, referring the case back to the
Authority (Case N° 45635 + 45685, the
"Judgment"). The other two decisions
were partially
