Comments on draft European Commission Notice on Remedies under EC Merger Control Rules
Publication date : 04/07/2007 | Document Number : 225/643
ICC appreciates the opportunity to comment on the guidelines contained in this draft Notice.
Our comments are presented under the following headings:
1. Concerns to be addressed
2. Different types of remedies
3. Divestitures
4. Review clause
5. Implementation of commitments
6. Trustee
These comments have been drafted under the auspices of the ICC and include observations of ICC members.
The draft Notice concerns “remedies” in merger control. “Remedies” are modifications to a merger proposed by the parties or other commitments proposed by them with a view to eliminating competition concerns and accepted by the European Commission.
The business community attaches much importance to “remedies” as a tool allowing certain mergers to be cleared, notwithstanding the fact that those mergers initially raised the concern that they would significantly impede effective competition.
Several reasons explain why the current 2001 European Commission Notice on remedies acceptable under Council Regulation (EEC) No 4046/89 is being reviewed. ICC notes in particular that some of these reasons are the findings of the European Commission 2005 “Merger Remedies study”, which examined the implementation and effectiveness of remedies accepted in the past.