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Academic Articles Awards > Mergers

Post-clearance modification and waiver of EU merger remedies: When the Hardest May Be Yet to Come

Charlotte Breuvart and Etienne Chassaing, Competition Law Journal, 2014, No 3, pp. 54-67, 2014

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A company obtaining merger clearance subject to commitments is not necessarily set for smooth sailing: implementing these commitments may prove to be challenging, particularly in light of shifting market circumstances. In the face of such changes, competition authorities have agreed to extend divestiture deadlines, or to modify, substitute or waive commitments, on a case-by-case basis. The Commission’s decisional practice, however, lacks transparency and the procedural framework applicable to the review of commitments is far from clear, which raises numerous issues. This article sets out practical recommendations for companies in view of facilitating the implementation process and, if necessary, taking specific procedural actions vis-à-vis the authorities. The focus is on the European Commission, with some insights on the French practice.

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