Commission Implementing Regulation (EU) 2023/914 of 20 April 2023 implementing Co... (32023R0914)
Commission Implementing Regulation (EU) 2023/914 of 20 April 2023 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings and repealing Commission Regulation (EC) No 802/2004 (Text with EEA relevance)
- COMMISSION IMPLEMENTING REGULATION (EU) 2023/914
- of 20 April 2023
- implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings and repealing Commission Regulation (EC) No 802/2004
- (Text with EEA relevance)
- CHAPTER I
- SCOPE
- Article 1
- CHAPTER II
- NOTIFICATIONS AND OTHER SUBMISSIONS
- Article 2
- Persons entitled to submit notifications
- Article 3
- Submission of notifications
- Article 4
- Information and documents to be provided
- Article 5
- Effective date of notification
- Article 6
- Specific provisions relating to reasoned submissions, supplements and certifications
- CHAPTER III
- TIME-LIMITS
- Article 7
- Beginning of time periods
- Article 8
- Expiry of time periods
- Article 9
- Suspension of time limit
- Article 10
- Compliance with time limits
- CHAPTER IV
- EXERCISE OF THE RIGHT TO BE HEARD AND HEARINGS
- Article 11
- Parties to be heard
- Article 12
- Decisions on the suspension of concentrations
- Article 13
- Decisions on the substance of the case
- Article 14
- Oral hearings
- Article 15
- Conduct of oral hearings
- Article 16
- Hearing of third persons
- CHAPTER V
- ACCESS TO THE FILE AND TREATMENT OF CONFIDENTIAL INFORMATION
- Article 17
- Access to the file and use of documents
- Article 18
- Treatment of confidential information
- CHAPTER VI
- COMMITMENTS OFFERED BY THE UNDERTAKINGS CONCERNED
- Article 19
- Time limits for submission of commitments
- Article 20
- Procedure for the submission of commitments
- Article 21
- Trustees
- CHAPTER VII
- MISCELLANEOUS PROVISIONS
- Article 22
- Transmission and signature of documents
- Article 23
- Setting of time limits
- Article 24
- Working days
- Article 25
- Repeal and transitional provisions
- Article 26
- Entry into force
- ANNEX I
- FORM RELATING TO THE NOTIFICATION OF A CONCENTRATION PURSUANT TO COUNCIL REGULATION (EC) No 139/2004
- (FORM CO)
- INTRODUCTION
- A.
- The purpose of the Form CO
- B.
- Pre-notification contacts and waiver requests
- 1.
- Types of information requested by the Form CO
- 2.
- Information that is not reasonably available
- 3.
- Information that is not necessary for the Commission’s examination of the case
- 4.
- Pre-notification contacts and waiver requests
- C.
- The requirement for a correct and complete notification
- D.
- How to notify
- E.
- Confidentiality and Personal Data
- F.
- Definitions and instructions for the purposes of this Form CO
- G.
- Description of quantitative economic data collected by the undertakings concerned
- H.
- International cooperation between the Commission and other competition authorities
- SECTION 1
- DESCRIPTION OF THE CONCENTRATION
- Example (please delete for notification)
- SECTION 2
- INFORMATION ABOUT THE PARTIES
- SECTION 3
- DETAILS OF THE CONCENTRATION, OWNERSHIP AND CONTROL
- (15)
- SECTION 4
- TURNOVER
- SECTION 5
- SUPPORTING DOCUMENTATION AND DATA
- SECTION 6
- MARKET DEFINITIONS
- SECTION 7
- INFORMATION ON MARKETS FALLING UNDER POINT 8 OF THE NOTICE ON SIMPLIFIED PROCEDURE
- SECTION 8
- MARKET INFORMATION
- Information on horizontal overlaps and vertical relationships involving pipeline products
- SECTION 9
- STRUCTURE OF SUPPLY
- Structure of demand
- SECTION 10
- PRODUCT DIFFERENTIATION AND CLOSENESS OF COMPETITION
- Distribution systems and service networks
- Market entry and exit
- Research and development
- Contact details
- SECTION 11
- EFFICIENCIES
- SECTION 12
- COOPERATIVE EFFECTS OF A JOINT VENTURE
- SECTION 13
- DECLARATION
- ANNEX II
- SHORT FORM CO FOR THE NOTIFICATION OF A CONCENTRATION PURSUANT TO REGULATION (EC) No 139/2004
- (SHORT FORM CO)
- 1.
- Introduction
- 2.
- How to complete and submit the Short Form CO
- 3.
- Definitions for the purposes of this Short Form CO
- 4.
- Requirement for a correct and complete notification
- 5.
- Reversion to the normal procedure and notification under Form CO
- 6.
- Confidentiality
- SECTION 1
- GENERAL CASE INFORMATION
- SECTION 2
- COMPANIES INVOLVED IN THE CONCENTRATION AND THEIR TURNOVER
- SECTION 3
- NAME OF THE PRODUCT(S) CONCERNED
- (28)
- ACCORDING TO NACE
- (29)
- SECTION 4
- SUMMARY DESCRIPTION OF THE CONCENTRATION
- Example (please delete for notification)
- SECTION 5
- RATIONALE OF THE CONCENTRATION AND TIMING
- 5.3.
- Complement your answer with any additional information you wish to submit to the Commission.
- SECTION 6
- JURISDICTION
- (30)
- 6.1.
- Brief description of the concentration and change of control (up to 250 words)
- 6.2.
- Acquisition of control
- ☐
- Acquisition of sole control
- ☐
- Acquisition of joint control
- 6.3.
- Full-functionality (to be filled in only if the concentration falls under Article 3(4) or 3(1), point (b) in combination with 3(4) of the Merger Regulation)
- 6.4.
- Complement your answer with any additional information you wish to submit to the Commission.
- SECTION 7
- CATEGORY OF SIMPLIFIED TREATMENT (BY REFERENCE TO THE RELEVANT POINTS IN THE NOTICE ON SIMPLIFIED PROCEDURE)
- (a)
- Point 5(a) of the Notice on Simplified Procedure
- ☐
- (b)
- Point 5(b) of the Notice on Simplified Procedure
- ☐
- (c)
- Point 5(c) of the Notice on Simplified Procedure
- (35) ☐
- (d)
- Point 5(d) of the Notice on Simplified Procedure
- ☐
- (e)
- Point 5(e) of the Notice on Simplified Procedure
- ☐
- (f)
- Point 8 of the Notice on Simplified Procedure (flexibility cause)
- ☐
- (g)
- Point 9 of the Notice on Simplified Procedure (flexibility cause)
- ☐
- Complement your answer with any additional information you wish to submit to the Commission.
- SECTION 8
- HORIZONTAL OVERLAPS
- SECTION 9
- VERTICAL RELATIONSHIPS
- SECTION 10
- VERTICAL RELATIONSHIPS FALLING UNDER POINT 5(D)(II)(BB) OF THE NOTICE ON SIMPLIFIED PROCEDURE
- SECTION 11
- SAFEGUARDS AND EXCLUSIONS
- (51)
- SECTION 12
- COOPERATIVE EFFECTS OF A JOINT VENTURE
- SECTION 13
- CONTACT DETAILS
- SECTION 14
- ANNEXES
- SECTION 15
- OTHER NOTIFICATIONS
- SECTION 16
- DECLARATION
- ANNEX III
- FORM RELATING TO REASONED SUBMISSIONS PURSUANT TO ARTICLES 4(4) AND 4(5) OF COUNCIL REGULATION (EC) No 139/2004
- (FORM RS)
- INTRODUCTION
- A.
- The purpose of the Form RS
- B.
- Contacts prior to submission of the Form RS and waiver requests
- 1.
- Information that is not reasonably available
- 2.
- Information that is not necessary for the Commission’s examination of the case
- 3.
- Prior contacts and waiver requests
- C.
- The requirement for correct and complete reasoned submission
- D.
- How to make a reasoned submission
- E.
- Confidentiality and Personal Data
- F.
- Definitions and instructions for the purposes of this Form RS
- G.
- International cooperation between the Commission and other competition authorities
- SECTION 1
- SECTION 2
- GENERAL BACKGROUND AND DETAILS OF THE CONCENTRATION
- SECTION 3
- MARKET DEFINITIONS
- SECTION 4
- INFORMATION ON AFFECTED MARKETS
- SECTION 5
- DETAILS OF THE REFERRAL REQUEST AND REASONS WHY THE CASE SHOULD BE REFERRED
- SECTION 6
- DECLARATION
- ANNEX IV
- FORM RELATING TO THE INFORMATION CONCERNING COMMITMENTS SUBMITTED PURSUANT TO ARTICLE 6(2) AND ARTICLE 8(2) OF COUNCIL REGULATION (EC) No 139/2004
- (FORM RM)
- INTRODUCTION
- SECTION 1
- SUMMARY OF THE COMMITMENTS
- SECTION 2
- SUITABILITY TO REMOVE COMPETITION CONCERNS
- SECTION 3
- DEVIATION FROM MODEL TEXTS
- SECTION 4
- INFORMATION ON A BUSINESS TO BE DIVESTED
- General information on the business to be divested
- Information on the business to be divested as described in the commitments offered and comparison with the business to be divested as currently operated
- Acquisition by a suitable purchaser
- SECTION 5
- DECLARATION
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