Recital 17
Directive on the protection of persons who report breaches of Union law · UE 2019/1937
| (17) | Specifically, the protection of whistleblowers to enhance the enforcement of Union competition law, including concerning State aid, would serve to safeguard the efficient functioning of markets in the Union, allow a level playing field for business and deliver benefits to consumers. As regards competition rules applying to undertakings, the importance of insider reporting in detecting competition law infringements has already been recognised in the leniency policy pursued by the Commission under Article 4a of Commission Regulation (EC) No 773/2004 (27) as well as with the recent introduction of an anonymous whistleblower tool by the Commission. Breaches relating to competition law and State aid rules concern Articles 101, 102, 106, 107 and 108 TFEU and rules of secondary law adopted for their application. |
In Luxembourg, the law of 16 May 2023 on the protection of whistleblowers integrates the entire material scope of recital 17, including competition law and State aid. For these matters, external reports can be addressed to the OFRS (Office des rapports de signalement, the cross-cutting authority) which will forward to the European Commission or the Competition Council where appropriate. Criminal sanctions for retaliation range from 1,250 to 25,000 EUR, doubled in case of recidivism, without prejudice to civil compensation.
Luxgap practice: explicitly include competition and State aid matters in your internal procedure and list the OFRS as the default external authority, mentioning the European Commission as an alternative channel for cross-border practices.
