Competition Law at Liechtenstein
Competition law in Liechtenstein is shaped by its membership in the European Economic Area (EEA), which links it closely to the European Union’s competition rules, although Liechtenstein is not an EU member. The country combines national law with EEA obligations to regulate competition.
🏛️ Governing Authorities
Office of Competition (Konkurrenzkommission)
The main authority responsible for enforcing competition law.
Investigates and decides on anti-competitive agreements, abuse of dominance, and merger control.
Liechtenstein EEA Coordination Unit
Coordinates with the European Free Trade Association (EFTA) Surveillance Authority, which enforces EEA competition rules.
Courts
Handle appeals and private enforcement actions.
📜 Legal Framework
Competition Act (Kartellgesetz) of Liechtenstein
Governs competition rules domestically.
Closely mirrors EU competition law principles.
EEA Agreement (Annexes 8 and 9)
Implements Articles 101 and 102 TFEU (prohibiting anti-competitive agreements and abuse of dominance) within the EEA, including Liechtenstein.
Merger Control Act
Applies to mergers and acquisitions exceeding certain turnover thresholds.
🔍 Core Areas of Regulation
Anti-competitive Agreements
Prohibition of cartels and collusive behavior in line with EU standards.
Abuse of Dominant Position
Firms holding significant market power are prohibited from abusing it.
Merger Control
Mandatory notification for mergers that exceed defined turnover thresholds or may significantly impede effective competition.
State Aid Control
In coordination with the EFTA Surveillance Authority, state aid that could distort competition is regulated.
⚖️ Sanctions and Enforcement
Administrative fines and corrective measures by the Office of Competition.
Private parties can seek damages through the courts.
Enforcement is coordinated with EFTA authorities to ensure consistency with EEA law.
Leniency programs are available for cartel participants who cooperate.
📈 Recent Trends
Harmonization with evolving EU competition policy.
Focus on digital markets and new economic sectors.
Increased cooperation with neighboring countries and EFTA bodies.
Summary
| Aspect | Liechtenstein |
|---|---|
| Main Laws | Competition Act (Kartellgesetz), EEA Competition Rules |
| Regulator | Office of Competition |
| Merger Control | Yes, with thresholds |
| EEA / EU Influence | Strong (via EEA Agreement and EFTA Surveillance Authority) |
| Enforcement Tools | Administrative fines, private damages claims |
| Cooperation | With EFTA and EU authorities |
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