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

      Where a concentration has already been implemented, the Commission or the ESA may require the undertakings or assets brought together to be separated or the cessation of joint control or any other action that may be appropriate in order to restore the conditions of effective competition. As under EU law, a decision permitting a merger under EFTA Law may be subject to conditions and commitmen …

Conditions and commitments - Divestiture

      Where a concentration has already been implemented, the Commission or the ESA may require the undertakings or assets brought together to be separated or the cessation of joint control or any other action that may be appropriate in order to restore the conditions of effective competition. As under EU law, a decision permitting a merger under EFTA Law may be subject to conditions and commitments.

Section 14 (1) of the EU Merger Regulation makes provision for a fine not exceeding 1% of the aggregate turnover of the undertaking or association of undertakings concerned where undertakings “intentionally or negligently” supply incorrect or misleading information when submitting a notification or fail to submit to an investigation or to provide complete information during the period of investigation.

Section 14(2) of Regulation No 139/2004 imposes a fine not exceeding 10% of the turnover upon the undertakings concerned which, “either intentionally or negligently”, fail to notify a concentration. A notification submitted outside the time-limits prescribed or one which is not jointly submitted where so required under the terms of the Regulation is equivalent to a failure to notify.

Likewise, undertakings which either deliberately or negligently put into effect a concentration during the period of suspension or fail to comply with the conditions or requirements linked to the granting of a derogation as regards the suspension may be subject to fines of up to 10% of the aggregate turnover of the undertakings concerned. The Regulation also provides for periodic penalty payments not exceeding 5% of the average daily aggregate turnover of the undertaking or association of undertakings concerned for each working day of delay, calculated from the date set in the decision, in order to compel undertakings to comply with an obligation, or to implement measures intended to restore competition (Section 15(1)).

Global Competition Law

1090. Conditions and commitments - Divestiture

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Les notions juridiques connexes

1090. 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