Is it possible to remedy competition issues, for example by giving divestment undertakings?
Both the FCA and the Market Court may clear a concentration on the condition that certain undertakings are given by the par-ties to the concentration. As a principle, under the Competition Act, the FCA should always endeavour to impose conditions rather than request the Market Court to ban the concentration. Where conditions are imposed, the authorities normally require structural measures, such as divestments, rather than behavioural measures. In connection with such undertakings, the FCA and the Market Court may impose a conditional fine. If an undertaking is breached, the Market Court may order the conditional fine to be paid. 23 What are the basic conditions applicable to a divestment or other remedy? The FCA may impose conditions on the implementation of the concentration if the harmful effects on competition (the creation or strengthening of a dominant position resulting in significant impediment of competition) can thus be avoided. Possible conditions should be explored prior to
Related Questions
- Why was the process not started earlier? Is it possible to have more time for the process and allow for more competition?
- Is it possible to remedy competition issues, for example by giving divestment undertakings or behavioural remedies?
- Is it possible to enter digital photos over the Internet for the competition?
