Best Practice Guidelines for divestiture commitments in merger cases
Article from: OGEL 3 (2003), in Digests for Official Reports & Cases
p>Under the Merger Regulation companies can offer commitments in order to enable the Commission to clear a merger or an acquisition which otherwise would create or strengthen a dominant position. In a number of concentrations in the energy sector, e. EDF/EnBW, VEBA/VIAG, EXXON/Mobil, these structural and behavioural commitments have placed a primary role in achieving a clearance from the Commission. Timing is crucial under the legally-binding timetable set in the Regulation when merging parties reach the stage of offering commitments to the Commission.