Luxembourg Competition Authority Raises Concerns on ILR Regulation Projects
The Luxembourg competition authority has expressed reservations regarding the analysis of market regulations proposed by the Institute of Regulation, particularly concerning the third criterion test.
29.06.2025 | Luxembourg competition authority
The Luxembourg competition authority issued an opinion on June 30, 2025, regarding three regulatory projects from the Institute of Regulation (ILR). While the authority agrees with the market analysis for market 1/2020 and the equivalence of inputs regulation (EOI), it has raised concerns about the analysis of market 3b/2014.
The opinion specifically addresses the definition of the relevant market for wholesale local access (market 1/2020), the definition for wholesale central access for consumer products (market 3b/2014), and the EOI obligations. The authority has evaluated these projects in light of competition law and policy objectives.
Overall, the authority supports the three projects, believing they could positively impact competition conditions in the relevant markets. However, it expressed disappointment at not being involved in the analyses for markets 1/2020 and 3b/2014, particularly regarding the application of the three criteria test.
Additionally, the authority has reservations about how the analysis of the third criterion was conducted, indicating a need for further scrutiny in this area.