Notice

Article 19(3) notice in the European Union Law

Concept of Article 19(3) notice provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Notice published in the Official Journal by which the Commission informs undertakings, associations of undertakings and the general public of its intention to clear or exempt a certain notified agreement under Article 81 of the EC Treaty. The notice should contain a summary of the relevant application or notification and invite all inter-ested third parties to submit their observations within a time limit not less than one month. Publication shall have regard to the legitimate interest of undertakings in the protection of their business secrets.

(See: Article 19(3) of Regulation No 17.)

Notification

Notification in the European Union Law

Concept of Notification provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Formal information that firms provide to the Commission under EU antitrust and merger law in certain situations and that concern agree-ments they plan or have concluded.

Notification of restrictive agreements is not compulsory, but under-takings which put them into effect risk that civil law courts will find them contrary to Article 81(1) of the EC Treaty and will not enforce them ( Nullity) in application of Article 81(2). There is also the risk that the Commission or national cartel authorities adopt prohibition decisions (possibly with fines) on the basis of Article 81 of the EC Treaty. If undertakings wish to benefit from an exemption ( Individual exemption) or to obtain a () negative clearance, they have to notify the agreement to the Commission under () Regulation No 17 on the basis of () form A/B. However, notifica-tion for exemption is not necessary if the agreement in question is covered by a () block exemption regulation. Notification of an agreement affords the companies concerned immunity from fines under Article 15 of Regulation No 17.

The merger regulation obliges undertakings to notify any concentra-tion with a Community dimension to the Commission on the basis of () form CO, normally within one week of the conclusion of the concentration agreement. The participating undertakings are not allowed to put the concentration into effect before its notification and before the Commission has declared it compatible with the common market.

Non-compete obligation

Non-compete obligation in the European Union Law

Resources

See also

• Single branding

Non-competition clause

Non-competition clause in the European Union Law

Concept of Non-competition clause provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Contractual clause bringing about a direct or indirect obligation causing the parties to an acquisition agreement, or at least one of them, not to manufacture, purchase, sell or resell independently goods or services which compete with the contract goods or services. Such an obligation on the seller of the assets guarantees that the acquirer receives the full value of the assets transferred and hence is normally considered as ancillary to the main agreement.

Resources

See also

• Non-compete obligation

Non-opposition procedure

Non-opposition procedure in the European Union Law

Concept of Non-opposition procedure provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Special procedure laid down in certain () block exemption and other () implementing regulations to simplify exemption proce-dures, by not raising objections to a notified agreement within a period defined in these regulations. In this way the Commission either grants individual exemptions (in the transport regulations) or considers agreements block exempted (in the technology transfer regulation).

(See: Council Regulation No 1017/68 of 19.7.1968 on rail, road and inland waterway transport (OJ L 175, 23.7.1968, p. 1); Council Regulation No 4056/86 of 22.12.1986 on maritime transport (OJ L 378, 31.12.1986, p. 4); Council Regulation No 3975/87 of 14.12.1987 on air transport (OJ L 374, 31.12.1987, p. 1); Commission Regulation No 240/96 of 31.12.1996 on certain categories of tech-nology transfer agreements (OJ L 31, 9.2.1996, p. 2).)