Submission of an informal commitments offer
Submission of an informal commitments offer
Should the parties, after being confronted with the Commission's concerns in the State of Play meeting, decide to offer commitments, they need to convince the Commission that this offer is serious and credible 1 . For this purpose, the parties should outline the main elements of the – at this stage informal – commitment proposal. This may, in practice, happen by submitting a “term sheet” describing the main elements of the commitments, but sometimes already with a first draft of a commitment text.
More about Submission of an informal commitments offer
Once the case team is convinced that the commitments informally proposed by the undertaking may address the competition concerns and that the undertaking is seriously interested in submitting adequate formal commitments, it should propose to draft a Preliminary Assessment.
Resources
See Also
References
- Information about Submission of an informal commitments offer in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)
Notes
[Note 1] See the Best Practices Notice, at paragraph 121: “Once the Commission is convinced of the undertakings' genuine willingness to propose commitments which will effectively address the competition concerns, a Preliminary Assessment will be issued”.
Further Reading
- Information about Submission of an informal commitments offer in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)