Report anti-competitive practices

Any individual or legal entity aware of anti-competitive behaviour may report it to the Authority:

• either by making a simple report,
• or by lodging a formal complaint.

One may report any matter relating to anti-competitive practices, namely:

• a prohibited cartel between several undertakings
• an abuse of a dominant position.

The person lodging a formal complaint, however, must adhere to stricter formal requirements. In such cases, it is recommended that they seek legal advice.

It will then be up to the Authority to determine whether the facts reported are likely to constitute anti-competitive practices.

Have you witnessed any suspicious behaviour? Do you have information about a possible breach of competition rules? Have you noticed any anomalies or irregularities affecting a market? Are you concerned about a transaction between businesses?

Contact the Authority to report any suspicious behaviour or practice that may breach the competition rules. 

What information is required to make a report?

Anyone making a report must provide the information they have to substantiate their suspicions (e.g. figures, correspondence, agreements, contracts, minutes of meetings or negotiations, business documents, circulars, etc.).

The law does not stipulate any specific formal requirements for a report to be processed. In light of the information received, the Authority may assess whether it is appropriate and in the public interest to take up the case.

How do I make a simple report?

You may send your report, together with any evidence you have relating to the alleged facts, to the Competition Department:

• either by email via our contact form;
• or by post to the Authority's address.

What happens following a report?

The Competition Authority generally acknowledges receipt of every report it receives.

If the report is relevant under competition law, the Authority may take up the matter to investigate the reported practices.

Where applicable, it may contact you again to request additional documents or information.

Has your business been the victim of an anti-competitive practice?

Anyone who considers they have been harmed by an anti-competitive practice may lodge a complaint with the Competition Authority by providing it with any relevant information.

What information is required to lodge a complaint?

The complainant must provide all evidence supporting the allegations (e.g. figures, correspondence, agreements, contracts, minutes of meetings or negotiations, business documents, circulars, etc.).

The complaint must also include the following information:

• the complainant's identity and, if it is a business, the structure of the group to which it belongs and a brief overview of the nature and scope of its economic activities;
• contact details of the contact person from whom further information may be requested;
• the undertaking or association of undertakings concerned by the complaint and, where applicable, the group to which it belongs, together with a brief overview of its economic activities and its relationship with the complainant;
• a detailed description of the alleged facts (and, where possible, the geographical area and the products or services concerned, an estimate of the market shares held by the various operators, etc.);
• a statement regarding any other proceedings initiated before another competition authority or national jurisdiction on the same or related grounds.

How do I lodge a complaint?

Businesses can lodge a complaint with the Competition Authority in whatever form suits them, provided that they include all the required information.

The complaint and any evidence relating to the alleged acts may be sent to the Competition Department:

• either by email via our contact form;
• or by post to the Authority's address.

How do I apply for interim measures?

A complainant who considers that the continuation of the alleged anti-competitive conduct may cause serious and irreparable harm to competition – taking into account, where applicable, the harm suffered by their own business – may apply for interim measures.

Interim measures help to preserve competition whilst the case is being investigated, pending a decision on the merits of the alleged infringement.

The complainant may apply to the Authority for interim measures:

• either when lodging the complaint;
• or by submitting a request for interim measures to the Authority during the proceedings.

The Authority may only order measures necessary to address the urgency of the situation and commensurate with the circumstances. It may also impose a penalty payment in the event of late or non-compliance with the interim measures.

What happens after a complaint is lodged?

The Authority acknowledges receipt of complaints within 7 days.

If the compliant is admissible, the Authority's College may initiate proceedings. The president then entrusts the investigation to an effective advisor assisted by investigators.

The Authority's College may reject the complaint, providing reasons for its decision, in the following cases:

• if it considers that the complaint does not include all the required elements;
• if the alleged facts do not fall within its remit;
• if the alleged facts are time-barred;
• in the absence of sufficient evidence;
• if it does not consider it a priority for the Authority.