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Commitments

Commitments

Commitments (or remedies) in the European Union Law

Concept of Commitments (or remedies) provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Proposal by the parties to a () concentration to modify their origi-nally notified project within a specified period (for example, by divest-ing a business or assets). Such commitments must address the competition concerns raised by the Commission and restore compe-tition in the relevant product and geographic markets. They can form the basis for the Commission's clearance of the notified concentra-tion. The Commission may attach () conditions and/or () obliga-tions to its clearance decision, so as to ensure compliance with the commitments offered.

A similar approach is applied by the Commission in procedures aimed at clearing ( Negative clearance) or exempting notified agreements ( Individual exemption), as well as in proceedings dealing with the () abuse of a dominant position.

(See: Articles 6(2) and 8(2) of the merger regulation; Commission notice on

Conditions

Conditions

Conditions in the European Union Law

Concept of Conditions provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Requirements imposed by the Commission which need to be fully complied with by the parties concerned, in order to allow the Commission to declare an otherwise incompatible concentration compatible with the common market, or to exempt an otherwise illegal agreement.

(See: Article 8 of Regulation No 17; Articles 6(2) and 8(2) of the merger regula-tion; Commission notice on remedies, paragraph 12 (OJ C 68, 2.3.2001, p. 3).)

Resources

See also

  • Obligations

Competition

Competition

Competition in the European Union Law

Concept of Competition provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): A situation in a market in which sellers of a product or service inde-pendently strive for the patronage of buyers in order to achieve a particular business objective, for example, profits, sales and/or market share. Competitive rivalry between firms may take place in terms of price, quality, service or combinations of these and other factors which customers may value. Fair and undistorted competition is a cornerstone of a market economy and the European Commission has been vested with the powers necessary to oversee and enforce EU competition law to ensure effective competition in the internal market.

Consortium

Consortium

Consortium in the European Union Law

Concept of Consortium provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): A group of independent companies working together for the fulfil-ment of a specific project. Consortia are frequent, for example, in the construction industry where large projects (buildings, motorways) require close cooperation between engineering, planning and construction companies. The Commission has issued a specific block exemption regulation concerning consortia between shipping compa-nies relating to the joint operation of liner transport services. These are liable to restrict competition within the common market and to affect trade between Member States and would otherwise be prohib-ited by Article 81(1) of the EC Treaty.

(See: Commission Regulation (EC) No 823/2000 of 19 April 2000 on the appli-cation of Article 81(3) of the Treaty to certain categories of agreements, decisions and practices between liner shipping companies (consortia) (OJ L 100, 20.4.2000, p. 24).)

Compliance programme

Compliance programme

Compliance programme in the European Union Law

Concept of Compliance programme provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): A company's internal policy, established to ensure its complete compliance with competition rules in all its business actions. In a compliance programme the company trains its personnel on compe-tition rules and provides them with guidance on how to avoid agree-ments or practices that restrict competition when they engage in commercial actions and contacts with competitors. Some compliance programmes also set out what action needs to be taken if staff members find out that an agreement or practice, to which the company is a party, infringes competition rules.

Comfort letter

Comfort letter

Comfort letter in the European Union Law

Concept of Comfort letter provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Administrative letter sent to the notifying parties confirming informally and normally without any reasoning either: — that the Commission sees no grounds for action against an agree-ment under Article 81(1) of the EC Treaty, because it does not restrict competition and/or affect trade between Member States (negative clearance-type comfort letter), or — that the agreement fulfils the conditions for granting an exemption under Article 81(3) of the EC Treaty (exemption-type comfort letter).

Collecting society

Collecting society

Collecting society in the European Union Law

Concept of Collecting society provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Association that collects payments made by users of intellectual property rights for the holders of such rights. For instance, a radio station, playing a record for which a record company holds a copy-right, has to pay a fee to a collecting society, which then transfers the payments to the record company.

Concerted practice

Concerted practice

Concerted practice in the European Union Law

Concept of Concerted practice provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Coordination between undertakings which, without having reached the stage of concluding a formal agreement, have knowingly substi-tuted practical cooperation for the risks of competition. A concerted practice can be constituted by direct or indirect contact between firms whose intention or effect is either to influence the conduct of the market or to disclose intended future behaviour to competitors.

Comity

Comity

Comity in the European Union Law

Concept of Comity provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Principle applied in the field of international cooperation on compe-tition policy. By negative comity, every country that is party to a coop-eration agreement guarantees to take account of the important inter-ests of the other parties to the agreement when applying its own competition law. By positive comity, a country may ask the other parties to the agreement to take appropriate measures, under their competition law, against anti-competitive behaviour taking place on their territory that affects important interests of the requesting country.

Collusion

Collusion

Collusion in the European Union Law

Concept of Collusion provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Collusion refers to the coordination of firms' competitive behaviour. The likely result of such coordination is that prices rise, output is restricted and the profits of the colluding companies are higher than they would otherwise be. Collusive behaviour does not always rely on the existence of explicit agreements between firms. Collusive behav-iour can also result from situations where firms act individually but — in recognition of their interdependence with competitors — jointly exercise market power with the other colluding competitors. This is normally described as 'tacit collusion'.