European Competition Law provides a wide-ranging review of the European rules relating to competition: restrictive agreements, abuse of a dominant position, impact of intellectual property rights, procedure, merger control, State aid.

European Competition Law

EU merger control very often consists in the proposal by the parties of commitments to modify the transaction so as to render it compatible with the internal market. Such modifications are now qualified as “remedies” . The Merger Regulation itself actually only provides that, “the Commission may attach to its decision [declaring a concentration compatible with the internal market] conditions and o …

Concept

EU merger control very often consists in the proposal by the parties of commitments to modify the transaction so as to render it compatible with the internal market. Such modifications are now qualified as “remedies” . The Merger Regulation itself actually only provides that, “the Commission may attach to its decision [declaring a concentration compatible with the internal market] conditions and obligations  intended to ensure that the undertakings concerned comply with the commitments they have entered into vis-à-vis the Commission with a view to modifying the original concentration plan” (Articles 6 and 8). According to the General Court , whether the commitments are structural or behavioral is irrelevant as long as they restore a competitive market structure.

In order to be accepted, the commitments must eliminate the competition concerns raised by the Commission and be comprehensive and capable of being implemented effectively within a short period of time .

Commission Notice No 2008/C 267/01 of 22 October 2008 on remedies acceptable under Council Regulation No 139/2004 and under Commission Regulation No 802/2004, at pt 9.

The Commission can make the commitments binding by subjecting the authorization decision to compliance with a condition (e.g. a divestment). The steps necessary for the implementation of the condition constitute obligations  (e.g.: appointment of a trustee to handle the sale). In the event of non-compliance with a condition, the compatibility decision becomes null and void and the Commission can take interim measures (Art. 8(5)(b)), order any appropriate measures (Art. 8 (4)(b)), take a decision pursuant to Articles 8 (1) to (3)  (Art. 8(7)) and impose a fine (Art. 14(2)(d)). In the event of a breach of an obligation, the Commission may revoke the decision to authorize the concentration (Art. 6(3)(b) or 8(b)) and impose a fine or a periodic penalty payment (Art. 14(2)(b) and 15 (1)(c)).

Case T-102/96 Gencor v Commission [1999] ECR II-753, LawLex200500004258JBJ.

Commission Notice No 2008/C 267/01 of 22 October 2008 on remedies acceptable under Council Regulation No 139/2004 and under Commission Regulation No 802/2004, at pt 9. See also Case T-87/05 EDP v Commission [2005] ECR II-3745, LawLex200500010187JBJ; Case T-210/01 General Electric v Commission [2005] ECR II-5575, LawLex200600000175JBJ.

European Competition Law

348. Concept

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Les décisions de justice citées dans ce paragraphe :

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Les notions juridiques connexes

348. Concept

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise