CHAPTER ISCOPE
Article 1Scope
CHAPTER IINOTIFICATIONS AND OTHER SUBMISSIONS
Article 2Persons entitled to submit notifications
Article 3Submission of notifications
Article 4Information and documents to be provided
Article 5Effective date of notification
Article 6Specific provisions relating to reasoned submissions, supplements and certifications
CHAPTER IIITIME-LIMITS
Article 7Beginning of time periods
Article 8Expiry of time periods
Article 9Suspension of time limit
Article 10Compliance with the time-limits
CHAPTER IVEXERCISE OF THE RIGHT TO BE HEARD; HEARINGS
Article 11Parties to be heard
Article 12Decisions on the suspension of concentrations
Article 13Decisions on the substance of the case
Article 14Oral hearings
Article 15Conduct of formal oral hearings
Article 16Hearing of third persons
CHAPTER VACCESS TO THE FILE AND TREATMENT OF CONFIDENTIAL INFORMATION
Article 17Access to the file and use of documents
Article 18Confidential information
CHAPTER VICOMMITMENTS OFFERED BY THE UNDERTAKINGS CONCERNED
Article 19Time limits for submission of commitments
Article 20Procedure for the submission of commitments
Article 20a Trustees
CHAPTER VIIMISCELLANEOUS PROVISIONS
Article 21Transmission of documents
Article 22Setting of time limits
Article 23Receipt of documents by the Commission
Article 24Definition of working days
Article 25Repeal and transitional provision
Article 26Entry into force
ANNEX I FORM CO RELATING TO THE NOTIFICATION OF A CONCENTRATION PURSUANT TO REGULATION (EC) No 139/2004
INTRODUCTION
1.1.The purpose of this Form CO
1.2.Pre-notification contacts
1.3.Who must notify
1.4.The requirement for a correct and complete notification
1.5.How to notify
1.6.Confidentiality
1.7.Definitions and instructions for purposes of this Form CO
1.8.Description of quantitative economic data collected by the undertakings concerned...
1.9.International cooperation between the Commission and other competition authorities
1.10.Provision of information to employees and their representatives
SECTION 1Description of the concentration
1.1.Provide an executive summary of the concentration, specifying the parties...
1.2.Provide a summary (up to 500 words) of the information...
SECTION 2Information about the parties
2.1.Information on notifying party (or parties) and other parties to...
2.2.Nature of the parties’ business
SECTION 3Details of the concentration, ownership and control
3.1.Describe the nature of the concentration being notified. By reference...
3.2.Describe the economic rationale of the concentration.
3.3.State the value of the transaction (the purchase price (or...
3.4.Describe any financial or other support received from public authorities...
3.5.For the parties to the concentration (other than the seller)...
3.6.Provide details of acquisitions made during the last three years...
SECTION 4Turnover
SECTION 5Supporting documentation
SECTION 6Market definitions
6.1.Relevant product markets:
6.2.Relevant geographic markets:
6.3.Affected markets:
6.4.Other markets in which the notified operation may have a...
SECTION 7Information on affected markets
SECTION 8Structure of supply in affected markets
8.1.Provide a brief explanation of the structure of supply in...
Structure of demand in affected markets
8.2.Provide a brief explanation of the structure of demand in...
Product differentiation and closeness of competition
8.3.Provide a brief explanation of the degree of product differentiation...
Market entry and exit
8.4.Over the last five years, has there been any significant...
8.5.In the opinion of the notifying parties, are there undertakings...
8.6.Provide a brief description of the main factors influencing entry...
8.7.Explain whether any of the parties to the concentration, or...
8.8.Over the last five years, has there been any exit...
Research and development
8.9.Give an account for the affected markets of the importance...
Cooperative Agreements
8.10.To what extent do cooperative agreements (horizontal, vertical, or other)...
8.11.If relevant, give details of the most important cooperative agreements...
Trade between Member States and imports from outside the EEA...
8.12.Explain the extent to which trade within the territory of...
8.13.For the affected markets, provide an estimate of the total...
Trade associations
8.14.With respect to the trade associations in the affected markets:...
Contact details
8.15.Provide the name, address, telephone number, fax number and e-mail...
SECTION 9Efficiencies
SECTION 10Cooperative effects of a joint venture
SECTION 11Declaration
ANNEX II SHORT FORM CO FOR THE NOTIFICATION OF A CONCENTRATION PURSUANT TO REGULATION (EC) No 139/2004
INTRODUCTION
1.1.The purpose of the Short Form CO
1.2.Reversion to the normal procedure and notification under Form CO...
1.3.Pre-notification contacts
1.4.Who must notify
1.5.The information to be provided
1.6.The requirement for a correct and complete notification
1.7.How to notify
1.8.Confidentiality
1.9.Definitions and instructions for purposes of this Short Form CO...
1.10.International cooperation between the Commission and other competition authorities
1.11.Provision of information to employees and their representatives
SECTION 1Description of the concentration
1.1.Provide an executive summary of the concentration, specifying the parties...
1.2.Provide a non-confidential summary (up to 500 words) of the...
1.3.Provide an explanation of the reasons why the concentration qualifies...
SECTION 2Information about the parties
SECTION 3Details of the concentration, ownership and control
3.1.Describe the nature of the concentration being notified. By reference...
3.2.Describe the economic rationale of the concentration.
3.3.State the value of the transaction (the purchase price (or...
3.4.Describe any financial or other support received from public authorities...
SECTION 4Turnover
SECTION 5Supporting documentation
SECTION 6Market definitions
6.1.Market definitions
6.1.1.Relevant product markets
6.1.2.Relevant geographic markets
6.2.Reportable markets
SECTION 7Information on markets
7.1.For each reportable market described in Section 6, for the...
7.2.If the concentration falls within the scope of point 6...
SECTION 8Activities of the target if no reportable markets
8.1.Business activities of the party or parties acquiring control
8.2.Business activities of the target
8.2.1.Explain the existing and future business activities of the undertaking(s)...
8.2.2.In the case of a joint venture with no actual...
8.3.Absence of reportable markets
SECTION 9Cooperative effects of a joint venture
SECTION 10Declaration
ANNEX III FORM RS
FORM RS RELATING TO REASONED SUBMISSIONSPURSUANT TO ARTICLES 4(4) AND 4(5) OF REGULATION (EC) No 139/2004...
INTRODUCTION
1.1.The purpose of this Form RS
1.2.Persons entitled to submit a reasoned submission
1.3.The requirement for a reasoned submission to be correct and...
1.4.How to make a reasoned submission
1.5.Confidentiality
1.6.Definitions and instructions for purposes of this Form RS
1.7.International cooperation between the Commission and other competition authorities
SECTION 11.1. Background information 1.1.1. Provide an executive summary of the...
1.1.Background information
1.1.1.Provide an executive summary of the concentration, specifying the parties...
1.1.2.Indicate whether the reasoned submission is made under Article 4(4)...
1.2.Information on submitting party (or parties) and other parties to...
SECTION 2General background and details of the concentration
2.1.Describe the nature of the concentration being notified. By reference...
2.2.Describe the economic rationale of the concentration.
2.3.State the value of the concentration (the purchase price (or...
2.4.Describe any financial or other support received from public authorities...
2.5.Provide sufficient financial or other data to show that the...
SECTION 3Market definitions
3.1.Relevant product markets:
3.2.Relevant geographic markets:
3.3.Affected markets:
SECTION 4Information on affected markets
SECTION 5Details of the referral request and reasons why the case...
5.1.Indicate whether the reasoned submission is made pursuant to Article...
5.2.(for Article 4(4) referrals and/or referrals pursuant to the provisions...
5.3.(for Article 4(5) referrals and/or referrals pursuant to the provisions...
SECTION 6Declaration
ANNEX IV Form RM relating to the information concerning commitments submitted pursuant to Article 6(2) and Article 8(2) of Regulation (EC) No 139/2004
INTRODUCTION
SECTION 1Description of the commitment
1.1.Provide detailed information on
1.2.Where the commitments offered consist in the divestiture of a...
SECTION 2Suitability to remove competition concerns
2.Provide information showing the suitability of the commitments offered to...
SECTION 3Deviation from Model Texts
3.Identify any deviations of the commitments offered from the pertinent...
SECTION 4Summary of the commitments
4.Provide a non-confidential summary of the nature and scope of...
SECTION 5Information on a business to be divested
5.Where the commitments offered consist in the divestiture of a...
General information on the business to be divested
5.1.Describe the business to be divested generally, including the entities...
5.2.State whether there are and describe any legal obstacles for...
5.3.List and describe the products manufactured or services provided, in...
5.4.Describe the level on which the essential functions of the...
5.5.Describe in detail the links between the business to be...
5.6.Describe in general terms all relevant tangible and intangible assets...
5.7.Submit an organisational chart identifying the number of personnel currently...
5.8.Describe the customers of the business to be divested, including...
5.9.Provide financial data for the business to be divested, including...
5.10.Identify and describe any changes that have occurred in the...
5.11.Identify and describe any changes, planned for the next two...
General information on the business to be divested as described...
5.12.Describe any areas where the business to be divested as...
Acquisition by a suitable purchaser
5.13.Explain the reasons why, in your view, the business will...

Commission Regulation (EC) No 802/2004

of 21 April 2004

implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings

(Text with EEA relevance) (revoked)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .