Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Under Section 53 of the Act, the parties may offer the commitments that they consider appropriate to mitigate the FNE's competition concerns. The remedies must be presented in writing and cannot be considered as an aknowledgement of the risks to competition that they intend to mitigate. To determine whether the measures put forward effectively remedy the risks to competition identified and what th …

Conditions and commitments - Divestiture

Under Section 53 of the Act, the parties may offer the commitments that they consider appropriate to mitigate the FNE's competition concerns. The remedies must be presented in writing and cannot be considered as an aknowledgement of the risks to competition that they intend to mitigate. To determine whether the measures put forward effectively remedy the risks to competition identified and what their possible effects on the market are, the FNE may launch a market test and require the input of third parties.

The FNE published Remedy Guidelines on June 2017 which provide guidance, inter alia, on the preferred mitigating remedies and best practices for divestments.

Undertakings which fail to notify a merger, implement the transactions before clearance by the FNE or despite a prohibition decision incur the sanctions provided for in Section 26. A fine of up to 30% of the turnover achieved through the sale of products or services related to the infringement during the concerned period or twice the benefits related to the infringement may be imposed on the parties. In the event that the above mentioned turnover or benefit may not be determined, they incur a fine of up to 60,000 tax units (approximately $US 50 million). 

Global Competition Law

909. Conditions and commitments - Divestiture

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Les notions juridiques connexes

909. Conditions and commitments - Divestiture

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

Les notions juridiques connexes

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