INHALT

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