The European Commission has published draft new guidelines on remedies in the context of mergers, inviting third parties to make comments. The draft text will replace the current guidelines, which date from 2001. The proposed new guidelines reflect the conclusions drawn by the Commission from its Merger Remedies Study which was published in 2005, recent European Court case law as well as the new Merger Regulation 139/2004. The draft text will also require some amendments to the Implementing Regulation 802/2004, such as the obligation of merging parties to complete a form (“Form RM”), when proposing remedies.
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