Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.

Remedies

Potential outcomes

What are the potential outcomes of the merger investigation? Please include reference to potential remedies, conditions and undertakings.

Following the investigation, the European Commission may:

  • unconditionally clear the merger in Phase I or Phase II;
  • approve the merger subject to remedies in Phase I or Phase II; or
  • prohibit the merger in Phase II if no adequate remedies to the competition concerns have been proposed by the merging parties.

If the commission has concerns that the merger may significantly affect competition, the merging companies may offer remedies (‘commitments’), by proposing certain modifications to the project that would guarantee continued competition on the market. Companies may offer commitments in Phase I or in Phase II. Commitments must be described in the Form RM template with detailed information on the object of the commitments offered and their implementation.

The commission analyses whether the proposed remedies are viable and eliminate competition concerns. It also considers the views of market participants in a market test. If the remedies are accepted, they become binding on the companies. An independent trustee is then appointed to oversee compliance with these commitments. 

Click here to view the full article.