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 Competition Council may prohibit a merger. Merger operations requiring authorization do not take effect unless the Competition Council has adopted a favorable decision. According to Section 16(3), the Council may however permit mergers that create or strengthen a dominant position or that restrict competition by setting binding conditions for the merging parties. …

Conditions and commitments - Divestiture

 The Competition Council may prohibit a merger. Merger operations requiring authorization do not take effect unless the Competition Council has adopted a favorable decision. According to Section 16(3), the Council may however permit mergers that create or strengthen a dominant position or that restrict competition by setting binding conditions for the merging parties.

Before the 12 May 2016 amendments, Section 17(1) of the Competition Act provided that failure to notify a concentration could lead to the imposition of a fine of up to EUR 1,400, counting from the day when notice should have been given. Where a concentration was implemented contrary to the decision of the Competition Council, the latter could also impose a daily fine of EUR 1,400 on the offending undertaking (Section 17(2) of the Act). The 2016 amendments change those rules. From now on, failure to file for notification or implementing a merger not complying with the decision of the Competition Council incurs a fine, which may be imposed either on the new market participant or on the acquirer of a decisive influence of up to 3% of its net turnover in the last financial year.

It should be noted that the payment of a fine does not release the market participants concerned from the obligation to fulfill the provisions of the Competition Act and the decisions of the Competition Council. Under the 2016 rules, the forced execution of the binding provisions imposed by the decision of the Competition Council must be performed in accordance with the procedures for forced execution of legal obligations laid down in Section 8.1 of the Act.

Global Competition Law

469. Conditions and commitments - Divestiture

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Les notions juridiques connexes

469. 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