Reporting an anti-competitive practice
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A business's anti-competitive behaviour may harm other businesses, which then suffer the consequences. These may be suppliers, customers or competitors of the business that engages in such practices.
Natural persons may also be affected by a business's anti-competitive behaviour, particularly as consumers.
Anyone who is aware of anti-competitive behaviour may report it to the Competition Authority (Autorité de la concurrence):
- either in the form of a simple report;
- or by lodging a formal complaint.
If your business is participating in or has participated in a cartel, you may, subject to certain conditions, file an application for leniency.
If you become aware of illegal activities in a professional setting and fear retribution, you may, subject to certain conditions, apply for protection under the whistleblower protection scheme.
Who is concerned
Any natural or legal person who becomes aware of anti-competitive behaviour.
Prerequisites
What can be reported to the Authority?
The originator of a report may report any act that involves anti-competitive practices – that is:
On the other hand, the originator of a formal complaint must adhere to certain formalities. If you wish to lodge a formal complaint, it is recommended that you hire a lawyer to assist you.
The Authority will determine if the reported acts are likely to constitute anti-competitive practices.
Note: The Competition Authority deals only with acts that fall within its remit.
In particular, it does not address issues relating to:
- unfair commercial practices between businesses and consumers;
- regulated commercial practices (e.g. e-commerce, distance selling, discount sales, door-to-door selling, etc.);
- disputes between consumers and businesses;
- defects in goods purchased by consumers.
How to proceed
Simple report
Information required to file a report
To file a report, you must forward the information you have to prove your suspicions (e.g. figures, letters and emails, agreements, contracts, minutes of meetings or negotiations, commercial documents, circulars, etc.).
Filing a simple report
You may send your report and the information in connection with the acts you are reporting to the Competition Authority:
- either by email through the contact form;
- or by post to the Authority's address.
Note: the Authority's staff are bound by an obligation of professional secrecy, even after they leave their jobs.
What happens after a report is filed
The Competition Authority generally confirms receipt of every report sent to it.
If the report is relevant with regard to competition law, the Authority may take up the matter to investigate the reported practices.
If necessary, it may contact you again to request additional documents or information.
Complaints
If you believe that you have been aggrieved by an anti-competitive practice, you may:
- lodge a complaint with the Competition Authority; and
- forward to the Authority any information you have that will be useful for investigating the matter.
Information required for lodging a complaint
To lodge a complaint, you must forward all evidence that attests to the acts being reported (e.g. figures, letters and emails, agreements, contracts, minutes of meetings or negotiations, commercial documents, circulars, etc.).
The complaint must also include the following information:
- the complainant's identity; if the complainant is a business, the complaint must also include:
- the structure of the group to which it belongs; and
- a brief overview of the nature and impact of its economic activities;
- the contact details for the contact person from whom additional information may be requested;
- the business or association of businesses covered by the complaint and, if relevant, the group to which it belongs, as well as a brief overview of its economic activities and its relationship with the complainant;
- a detailed description of the acts being reported (and if possible, the geographic region and products or services in question, an estimation of the market shares held by the different operators, etc.);
- a reference to any other procedures initiated with another competition authority or national jurisdiction for the same or related reasons.
Lodging a complaint
Businesses can lodge a complaint with the Competition Authority in whatever form suits them, but they must include all of the required information.
The complaint and the evidence in connection with the reported acts may be sent to the Competition Authority:
- either by email through the contact form;
- or by post to the Authority's address.
Request for interim measures
If you, as the complainant, believe that the continuation of the reported anti-competitive behaviour may cause serious and irreparable harm to competition, given the harm suffered by your business, you may request that interim measures be imposed.
The interim measures allow competition to continue during the time required for the investigation, pending a decision on the alleged violation.
You may ask the Authority to impose interim measures:
- either when you lodge the complaint;
- or by sending a request for interim measures to the Authority during the proceedings.
The Authority can only order measures that are necessary to address the emergency and that are proportionate to the situation that has been reported. It can also impose a penalty in the event of delayed compliance or non-compliance with the interim measures.
What happens after a complaint is lodged
The Authority will confirm receipt of complaints within 7 days.
If the complaint is deemed admissible, proceedings will be initiated. The complaint may be rejected – if it is, reasons will be provided – in the following cases:
- if the complaint does not include all of the required information;
- if the acts reported do not fall within the Authority's remit;
- if the statute of limitations has expired for the acts reported;
- if there is not adequate convincing information;
- if it is not deemed a priority for the Authority.
Who to contact
Competition Authority
Competition Authority
- Address:
-
2a, rue d'Anvers
L-1130
Luxembourg
B.P. 856, L-2018 Luxembourg
- Phone:
- (+352) 247 84 174
- Fax:
- (+352) 26 20 12 18
- Email address:
- info@concurrence.public.lu
- Website:
- http://www.concurrence.public.lu
Related procedures and links
Procedures
Links
Further information
Site web
Legal references
relative à la concurrence
