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

After the control, the Competition Council carries out its appreciation and may ask the notifying party to:
- respect or perform specified conditions and commitments before realizing the concentration (Section 12(1)(2)), or alternatively
- restore market conditions to their pre-concentration situation, which may require (i) the sale of: the enterprise or part thereof, the assets of the economic en …

Conditions and commitments - Divestiture

After the control, the Competition Council carries out its appreciation and may ask the notifying party to:

- respect or perform specified conditions and commitments before realizing the concentration (Section 12(1)(2)), or alternatively

- restore market conditions to their pre-concentration situation, which may require (i) the sale of: the enterprise or part thereof, the assets of the economic entity or part thereof, the shares or part thereof; or (ii) the cancellation or amendment of contracts.

The Council may impose fines on undertakings found to be in breach of these provisions. Such undertakings may receive fines up to 10% of the gross annual income in the preceding business year for infringements of the Act such as carrying out a notifiable concentration without completing prior notification; continuing to implement a concentration without respecting the suspension period, infringing the conditions or mandatory obligations relating to the concentration (Section 36(1) of the Act). According to Section 36(3), fines up to 1% of the gross annual income in the preceding business year may be imposed for providing incorrect or incomplete information or for not providing information in a concentration notification.

Since the 25 June 2020 amendment, the turnover taken into account for the calculation of the fine is the undertakings' worldwide turnover, thus significantly enhancing the deterrent effect of sanctions.

Finally, a daily fine up to 5% of the average gross daily income may be imposed for failure to perform actions restoring the previous situation or eliminating the consequences of the violation, or to comply in a timely manner with instructions to provide information, or to comply with assumed obligations (Section (36(4)).

Global Competition Law

496. Conditions and commitments - Divestiture

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Les notions juridiques connexes

496. 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