Merger control

Ex-ante control

The Competition Authority does not have ex-ante control powers over mergers.

Draft Law No. 8296 tabled by the government on 23 August 2023, provided for the introduction of prior control over corporate mergers under Luxembourg law. By the end of 2025, it had not yet been put to a vote in the Chamber of Deputies. On 13 January 2026, however, the ministers announced, in their response to parliamentary question No. 3435, the forthcoming tabling of a new, revised draft law on merger control.

In accordance with Article 22 of the European Merger Regulation, in the absence of a national merger control regime, the Authority may nevertheless refer plans for mergers to the Commission for examination where they:

• affect trade between Member States and 
• threaten to significantly affect competition within their territory.

Ex-post control

The Authority may intervene after a merger if it leads to an abuse of a dominant position.