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.