Retningslinjer om forenklet prosedyre for fusjonskontroll
Kommisjonens meddelelse C(2023) 2401 av 20. april 2023 om en forenklet prosedyre for visse konsentrasjoner i samsvar med rådsforordning (EF) nr. 139/2004 om kontroll med foretakssammenslutninger
Commission Notice C(2023) 2401 of 20 April 2023 on a simplified treatment for certain concentrations under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings
Retningslinjer vedtatt av Kommisjonen 20.4.2023. Omtale publisert i Stortingets EU/EØS-nytt 25.4.2023
Nærmere omtale
BAKGRUNN (fra kommisjonenes meddelelse 20.4.2023)
1. The Commission’s experience in applying Council Regulation (EC) No 139/20041 has shown that certain categories of concentrations are generally not likely to raise competition concerns. The purpose of this Notice is to set out the conditions under which the Commission will review, in a streamlined manner, certain concentrations and provide guidance on the simplified procedure laid down in Annex II to Commission Regulation (EU) [ [X]/2023 of [X] 2023] implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (the ‘Implementing Regulation’)2. This Notice replaces the Notice from 20133and will be applicable as of the day of the entry into force of the Implementing Regulation.
2. The Commission will review, under the simplified procedure, concentrations that meet the conditions laid down in point 5 of this Notice, provided none of the safeguards or exclusions set out in Section II.C of this Notice apply4. For those concentrations, the Commission adopts a short-form decision declaring that a concentration is compatible with the internal market within 25 working days from the date of notification, pursuant to Article 6(1)(b) of the Merger Regulation5. Furthermore, the Commission may in certain circumstances use the flexibility clause set out in points 8 and 9 of this Notice to review, under the simplified procedure, certain concentrations that do not meet the conditions laid down in point 5 of this Notice, provided none of the safeguards or exclusions set out in Section II.C apply6. However, the Commission may launch an investigation, adopt a full decision or do both under the Merger Regulation in respect of a proposed concentration, even if the proposal falls under the categories in this Notice, in particular if any of the safeguards or exclusions set out in Section II.C of this Notice apply.
3. Certain concentrations reviewed under the normal procedure may give rise to horizontal overlaps7 or vertical relationships8 meeting the conditions laid down in point 5(d) of this Notice. Provided that no safeguards or exclusions set out in Section II.C of this Notice apply, these horizontal overlaps or vertical relationships will be assessed in a streamlined manner (i.e. in the same way as a short-form decision) in the Commission’s final decision in the normal procedure. Furthermore, the Commission may in certain circumstances use the flexibility clause set out in point 8 of this Notice to assess, in a streamlined manner under the normal procedure, certain horizontal overlaps or vertical relationships, provided no safeguards or exclusions set out in Section II.C of this Notice apply.
4. By following the procedure set out in Sections II to IV, the Commission aims to make EU merger control more focused and effective.
1. The Commission’s experience in applying Council Regulation (EC) No 139/20041 has shown that certain categories of concentrations are generally not likely to raise competition concerns. The purpose of this Notice is to set out the conditions under which the Commission will review, in a streamlined manner, certain concentrations and provide guidance on the simplified procedure laid down in Annex II to Commission Regulation (EU) [ [X]/2023 of [X] 2023] implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (the ‘Implementing Regulation’)2. This Notice replaces the Notice from 20133and will be applicable as of the day of the entry into force of the Implementing Regulation.
2. The Commission will review, under the simplified procedure, concentrations that meet the conditions laid down in point 5 of this Notice, provided none of the safeguards or exclusions set out in Section II.C of this Notice apply4. For those concentrations, the Commission adopts a short-form decision declaring that a concentration is compatible with the internal market within 25 working days from the date of notification, pursuant to Article 6(1)(b) of the Merger Regulation5. Furthermore, the Commission may in certain circumstances use the flexibility clause set out in points 8 and 9 of this Notice to review, under the simplified procedure, certain concentrations that do not meet the conditions laid down in point 5 of this Notice, provided none of the safeguards or exclusions set out in Section II.C apply6. However, the Commission may launch an investigation, adopt a full decision or do both under the Merger Regulation in respect of a proposed concentration, even if the proposal falls under the categories in this Notice, in particular if any of the safeguards or exclusions set out in Section II.C of this Notice apply.
3. Certain concentrations reviewed under the normal procedure may give rise to horizontal overlaps7 or vertical relationships8 meeting the conditions laid down in point 5(d) of this Notice. Provided that no safeguards or exclusions set out in Section II.C of this Notice apply, these horizontal overlaps or vertical relationships will be assessed in a streamlined manner (i.e. in the same way as a short-form decision) in the Commission’s final decision in the normal procedure. Furthermore, the Commission may in certain circumstances use the flexibility clause set out in point 8 of this Notice to assess, in a streamlined manner under the normal procedure, certain horizontal overlaps or vertical relationships, provided no safeguards or exclusions set out in Section II.C of this Notice apply.
4. By following the procedure set out in Sections II to IV, the Commission aims to make EU merger control more focused and effective.