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

The Authority may, by way of order, prohibit the implementation of the concentration, modify the operation or order the parties to take any measure necessary to ensure or restore sufficient competition. It may also make the execution of the operation subject to the fulfillment of requirements ensuring a sufficient contribution to the economy so as to offset any negative effect on competition.
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Conditions and commitments - Divestiture

The Authority may, by way of order, prohibit the implementation of the concentration, modify the operation or order the parties to take any measure necessary to ensure or restore sufficient competition. It may also make the execution of the operation subject to the fulfillment of requirements ensuring a sufficient contribution to the economy so as to offset any negative effect on competition.

To guarantee the follow-up of the commitment process on which the efficiency of merger control depends, the Merger Guidelines provide two standard models - a standard model letter for the transfer of assets and a model trustee contract - drawing inspiration from models developed by the European Commission and other competition authorities. The standard model for the transfer of assets lists the legal requirements and defines the terms of the commitment. It also contains a pre-formulation of the transfer procedure as well as some basic guarantees which the Authority deems necessary to retain the viability of the assets transferred. The model trustee contract is particularly suited to commitments for the divestiture of assets but the stipulations relative to the trustee and the term of the mandate may be used for trustee mandates in the case of behavioral commitments. The guidelines specify the role of trustees, their status and the requirements of independence in relation to the undertakings and, more generally, for authorization by the Authority. 

The failure to notify a merger, or to comply with the Authority's orders and the supply of false information is, as well as gun jumping, punishable by a fine up to 5% of pre-tax turnover in France (in the Altice case, gun jumping was sanctioned by an exceptional fine of EUR 80 million, see Competition Authority Decision No 16-D-24 of 8 November 2016, LawLex201600002126JBJ). If the offending party is not an undertaking, the maximum fine is EUR 1,5 million. Daily coercive fines may also be imposed until the order is complied with. Under Article L. 464-2, II, to which Article L. 430-8 CC refers, this fine cannot exceed 5% of average daily turnover per day late as of the date specified.

Global Competition Law

300. Conditions and commitments - Divestiture

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Les notions juridiques connexes

300. 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