The Luxembourg Competition Authority has issued a statement of objections to two groups active in the national brewing sector, accusing them of practices that could unlawfully restrict competition.
According to the Authority, the companies allegedly locked the market for beer production and supply to the out-of-home channel—covering hotels, cafés and restaurants—through the widespread use of single-brand contracts. These agreements, concluded with a large majority of drinking establishments across Luxembourg, reportedly required venues to source most of their beer from a single brewing group for several years.
Preliminary findings from the Authority’s investigating officer suggest that such contracts limit rival brewers’ ability to enter or expand in the market, reduce price competition, and curtail inter-brand rivalry within establishments. The Authority underlined, however, that these conclusions remain provisional and do not prejudge the outcome of the case.
The next stage will be the adversarial phase, in which the companies concerned may submit written observations and, if necessary, appear at a hearing before the Authority’s College. Only then will a final decision be taken on whether the alleged infringements are substantiated.
In line with its policy of respecting the presumption of innocence, the Authority has declined to disclose the identity of the companies targeted or the specific practices under investigation.
A statement of objections marks the transition from investigation to adversarial proceedings. Under Luxembourg law, once notified, the companies have at least one month to respond and may consult the case file. Hearings can be held no earlier than two months after notification. The Authority may also invite third parties able to demonstrate sufficient interest to provide input.
The Authority stressed that the investigating officer’s legal assessment is not binding on the College, which will ultimately decide whether anti-competitive practices have been proven.
This case arises under the competition law of 30 November 2022, which permits the Authority to release succinct public information about ongoing proceedings when justified by the public interest and provided the presumption of innocence is preserved.
