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Luxembourg is the only EU Member State to have no merger control system. This means that, contrary to other countries in the EU, mergers potentially raising competition concerns in Luxembourg can proceed without the need for prior notification to and clearance by the national competition authority, the Conseil de la concurrence.
However, this somewhat strange absence of merger control in Luxembourg has not prevented the Conseil de la concurrence from recently investigating a merger. Indeed, on 22 June 2016, it published a decision relating to the acquisition in 2012 by the Utopia group, owner of numerous cinemas in Luxembourg, of another cinema, Ciné Belval.
As a result of this merger, the Utopia group (“Utopia”) is effectively the only cinema...
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