Part II The Member State Reports on Transposition of the Directive, 12 Luxembourg
Edited By: Barry Rodger, Miguel Sousa Ferro, Francisco Marcos
- Cartels — Damages — Application of EU competition rules — National Competition Authorities (NCAs) — Jurisdictions — State and competition law
This chapter discusses the transposition of the Antitrust Damages Directive in Luxembourg. It first provides a general overview of the transposition procedure, focusing on the Transposition Act that was adopted by first vote in the plenary session of the Chambre des députés of 15 November 2016 and entered into force on 11 December 2016. It then considers the substantive and temporal scope of Luxembourg’s Transposition Act before concluding with an analysis of specific issues that arose during the transposition, including those relating to certain articles of the Directive that have not been specifically transposed, the protection of confidential information, principles of joint and several liability, the probative value of decisions of National Competition Authorities of other Member States, the presumption and quantification of harm by cartels, time-barring deadlines, sanctions, actions for damages by claimants from different levels in the supply chain, consensual dispute resolution, and parent company liability.