Commitment Decisions Procedure

Commitment Decisions Procedure

Procedural framework / format of commitment decisions

After receiving the Preliminary Assessment, the undertaking under investigation will have normally one month to react and to submit a text of a commitment proposal that can be market tested.

More about Commitment Decisions Procedure

Although there is no specific standard text for antitrust commitments, the Standard Model for Divestiture Commitments, originally developed for merger remedies, can be an appropriate “base text” for antitrust commitments. Even where no pure divestiture commitment (such as licences or other non-structural/behavioural remedies) is proposed, the model text may still constitute a useful starting point. However, certain amendments to the merger model text are necessary to take into account that antitrust commitments are based on Art. 9 of Regulation 1/2003. Examples of previous antitrust commitments may provide useful guidance on which formulation may be appropriate in the individual case. Proposals for changes to the model put forward by the parties should, however, be carefully verified and only accepted if appropriate in the individual case.

More about the Subject

The undertaking may submit a written reply to the Preliminary Assessment. Unless the reply contains new evidence that materially affects the Commission position set out in the Preliminary Assessment, there will be no further discussion or meeting on the reply to the Preliminary Assessment. The reply will, however, be taken into account when drafting the final commitment decision (e.g. concerning corrections of factual errors etc.).

Other Considerations

It should be discussed with the parties whether they agree to submit the commitment proposal in English, since this will not only facilitate the market test but also avoid internal delays which may be caused by the need for internal translations.


As the undertakings may try to limit the offered commitments as much as possible, the Commission may ask the company to modify the text before a market test. The discussions at this stage are crucial for the success of the remedies. Although the commitments are voluntarily submitted by the parties, the Commission can make proposals during discussions on how to modify certain elements of the text, and may even provide concrete drafting proposals on specific issues. It is up to the parties to decide whether to accept such proposals.


The parties might want to discuss the Commission's assessment. If the case team considers it necessary to drop certain concerns expressed in the Preliminary Assessment and limit the commitment discussions to the remaining concerns it should solicit the approval of senior management within DG Competition before continuing the discussion with the parties.


See Also


  • Information about Commitment Decisions Procedure in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

  • Information about Commitment Decisions Procedure in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

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