Sales practices: geo-blocking and territorial segmentation of the market becoming more difficult in Luxembourg

Since 3 December 2018, EU Regulation 2018/302 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market has been directly effective in the European Union. Egalement disponible en français ci-dessous.

28/01/2019

Since 3 December 2018, EU Regulation 2018/302 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market has been directly effective in the European Union. It expressly forbids traders (distributors and retailers) from imposing a series of geographical restrictions on customers (business and consumers) within the EU and is significant in going beyond the existing competition law and consumer protection framework.

In order to make the provisions of the Geo-blocking Regulation fully applicable in  Luxembourg, the Luxembourg Parliament is currently studying a draft bill which among others gives businesses and consumers the possibility of asking the court to order injunctions against companies in Luxembourg which engage in geographic restrictions. This legislation should be adopted over the coming months.

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Contacts

Philippe-Emmanuel Partsch

Philippe-Emmanuel Partsch is the partner in charge of the EU Financial & Competition Law practice of Arendt & Medernach. He specialises in EU and Luxembourg competition law, regulatory aspects of mergers and acquisitions, State aid rules, EU banking and financial law, tax law, telecommunications, public procurement and environmental law. Philippe-Emmanuel advises a wide range of public and private clients, both nationally and internationally, on EU and competition law and sectoral regulation. He represents them before regulatory authorities and the EU and national courts. In addition, he is a member of several high-level Committees within the Luxembourg financial sector and of the Comité Fra...

PARTNER

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