Is it possible to remedy competition issues, for example by giving divestment undertakings or behavioural remedies?
As mentioned above, the Council may permit concentration by establishing conditions and obligations relating to the concentration on the undertakings or controlling persons participating in the concentration to prevent the creation or strengthening of a dominant position. Such conditions and obligations may be both of a behavioural and structural nature. The most common structural remedy imposed by the Council is the divesture of an undertaking. However, in practice, the Council has also imposed behavioural remedies such as, a requirement of transparent pricing and arm’s length dealing with related undertakings, a prohibition on applying discriminatory prices and imposing exclusive purchase obligations, as well as a requirement to provide the possibility of unilateral termination of a contract.
