On 3 May 2014, the Ministry of Sustainable Development and Infrastructures (Ministry) launched a public tender for the transportation of passengers with special needs. The tender submitted by Transport Union Lëtzebuerg (TUL), a joint venture between the two most important passenger transport companies in Luxembourg (Sales-Lentz and Voyages Emile Weber), was the only one that met the requirements laid down in the tender documents. In order to submit its offer, TUL had subcontracted parts of the tender to almost all the other companies active on the transport market in Luxembourg.
Further to the Ministry's cancellation of the tender on 16 July 2016 due to concerns that TUL's submission amounted to an infringement of competition law, the Luxembourg Competition Authority (LCA) decided to open an investigation. The investigation revealed that the main aim of the tender submitted by TUL was to respect each participating undertaking's existing market share and that commercially sensitive information had been exchanged in the context of the preparation of the tender.
In response to the concerns raised in the statement of objections issued by the LCA, TUL's parents companies submitted commitments to the LCA whereby they committed to dissolve TUL at the latest before 1 July 2017, to organise competition law compliance trainings for their staff for a period of two years and to store all data and information relating to negotiations and commercial exchanges with competitors in the context of their next submission to the Ministry for a period of 5 years. On 9 March 2017, these commitments were accepted and made binding by the LCA, which at the same time also closed its investigation against the subcontractors that had participated to the preparation of the tender.