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Commission Regulation (EC) No 802/2004Show full title

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)

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  1. Introductory Text

  2. CHAPTER I SCOPE

    1. Article 1.Scope

  3. CHAPTER II NOTIFICATIONS AND OTHER SUBMISSIONS

    1. Article 2.Persons entitled to submit notifications

    2. Article 3.Submission of notifications

    3. Article 4.Information and documents to be provided

    4. Article 5.Effective date of notification

    5. Article 6.Specific provisions relating to reasoned submissions, supplements and certifications

  4. CHAPTER III TIME-LIMITS

    1. Article 7.Beginning of time periods

    2. Article 8.Expiry of time periods

    3. Article 9.Suspension of time limit

    4. Article 10.Compliance with the time-limits

  5. CHAPTER IV EXERCISE OF THE RIGHT TO BE HEARD; HEARINGS

    1. Article 11.Parties to be heard

    2. Article 12.Decisions on the suspension of concentrations

    3. Article 13.Decisions on the substance of the case

    4. Article 14.Oral hearings

    5. Article 15.Conduct of formal oral hearings

    6. Article 16.Hearing of third persons

  6. CHAPTER V ACCESS TO THE FILE AND TREATMENT OF CONFIDENTIAL INFORMATION

    1. Article 17.Access to the file and use of documents

    2. Article 18.Confidential information

  7. CHAPTER VI COMMITMENTS OFFERED BY THE UNDERTAKINGS CONCERNED

    1. Article 19.Time limits for submission of commitments

    2. Article 20.Procedure for the submission of commitments

    3. Article 20a. Trustees

  8. CHAPTER VII MISCELLANEOUS PROVISIONS

    1. Article 21.Transmission of documents

    2. Article 22.Setting of time limits

    3. Article 23.Receipt of documents by the Commission

    4. Article 24.Definition of working days

    5. Article 25.Repeal and transitional provision

    6. Article 26.Entry into force

  9. Signature

    1. ANNEX I

      FORM CO RELATING TO THE NOTIFICATION OF A CONCENTRATION PURSUANT TO REGULATION (EC) No 139/2004

      1. INTRODUCTION

        1. 1.1. The purpose of this Form CO

        2. 1.2. Pre-notification contacts

        3. 1.3. Who must notify

        4. 1.4. The requirement for a correct and complete notification

        5. 1.5. How to notify

        6. 1.6. Confidentiality

        7. 1.7. Definitions and instructions for purposes of this Form CO

        8. 1.8. Description of quantitative economic data collected by the undertakings concerned...

        9. 1.9. International cooperation between the Commission and other competition authorities

        10. 1.10. Provision of information to employees and their representatives

      2. SECTION 1 Description of the concentration

        1. 1.1. Provide an executive summary of the concentration, specifying the parties...

        2. 1.2. Provide a summary (up to 500 words) of the information...

      3. SECTION 2 Information about the parties

        1. 2.1. Information on notifying party (or parties) and other parties to...

        2. 2.2. Nature of the parties’ business

      4. SECTION 3 Details of the concentration, ownership and control

        1. 3.1. Describe the nature of the concentration being notified. By reference...

        2. 3.2. Describe the economic rationale of the concentration.

        3. 3.3. State the value of the transaction (the purchase price (or...

        4. 3.4. Describe any financial or other support received from public authorities...

        5. 3.5. For the parties to the concentration (other than the seller)...

        6. 3.6. Provide details of acquisitions made during the last three years...

      5. SECTION 4 Turnover

      6. SECTION 5 Supporting documentation

      7. SECTION 6 Market definitions

        1. 6.1. Relevant product markets:

        2. 6.2. Relevant geographic markets:

        3. 6.3. Affected markets:

        4. 6.4. Other markets in which the notified operation may have a...

      8. SECTION 7 Information on affected markets

      9. SECTION 8 Structure of supply in affected markets

        1. 8.1. Provide a brief explanation of the structure of supply in...

        2. Structure of demand in affected markets

          1. 8.2. Provide a brief explanation of the structure of demand in...

        3. Product differentiation and closeness of competition

          1. 8.3. Provide a brief explanation of the degree of product differentiation...

        4. Market entry and exit

          1. 8.4. Over the last five years, has there been any significant...

          2. 8.5. In the opinion of the notifying parties, are there undertakings...

          3. 8.6. Provide a brief description of the main factors influencing entry...

          4. 8.7. Explain whether any of the parties to the concentration, or...

          5. 8.8. Over the last five years, has there been any exit...

        5. Research and development

          1. 8.9. Give an account for the affected markets of the importance...

        6. Cooperative Agreements

          1. 8.10. To what extent do cooperative agreements (horizontal, vertical, or other)...

          2. 8.11. If relevant, give details of the most important cooperative agreements...

        7. Trade between Member States and imports from outside the EEA...

          1. 8.12. Explain the extent to which trade within the territory of...

          2. 8.13. For the affected markets, provide an estimate of the total...

        8. Trade associations

          1. 8.14. With respect to the trade associations in the affected markets:...

        9. Contact details

          1. 8.15. Provide the name, address, telephone number, fax number and e-mail...

      10. SECTION 9 Efficiencies

      11. SECTION 10 Cooperative effects of a joint venture

      12. SECTION 11 Declaration

    2. ANNEX II

      SHORT FORM CO FOR THE NOTIFICATION OF A CONCENTRATION PURSUANT TO REGULATION (EC) No 139/2004

      1. INTRODUCTION

        1. 1.1. The purpose of the Short Form CO

        2. 1.2. Reversion to the normal procedure and notification under Form CO...

        3. 1.3. Pre-notification contacts

        4. 1.4. Who must notify

        5. 1.5. The information to be provided

        6. 1.6. The requirement for a correct and complete notification

        7. 1.7. How to notify

        8. 1.8. Confidentiality

        9. 1.9. Definitions and instructions for purposes of this Short Form CO...

        10. 1.10. International cooperation between the Commission and other competition authorities

        11. 1.11. Provision of information to employees and their representatives

      2. SECTION 1 Description of the concentration

        1. 1.1. Provide an executive summary of the concentration, specifying the parties...

        2. 1.2. Provide a non-confidential summary (up to 500 words) of the...

        3. 1.3. Provide an explanation of the reasons why the concentration qualifies...

      3. SECTION 2 Information about the parties

      4. SECTION 3 Details of the concentration, ownership and control

        1. 3.1. Describe the nature of the concentration being notified. By reference...

        2. 3.2. Describe the economic rationale of the concentration.

        3. 3.3. State the value of the transaction (the purchase price (or...

        4. 3.4. Describe any financial or other support received from public authorities...

      5. SECTION 4 Turnover

      6. SECTION 5 Supporting documentation

      7. SECTION 6 Market definitions

        1. 6.1. Market definitions

          1. 6.1.1. Relevant product markets

          2. 6.1.2. Relevant geographic markets

        2. 6.2. Reportable markets

      8. SECTION 7 Information on markets

        1. 7.1. For each reportable market described in Section 6, for the...

        2. 7.2. If the concentration falls within the scope of point 6...

      9. SECTION 8 Activities of the target if no reportable markets

        1. 8.1. Business activities of the party or parties acquiring control

        2. 8.2. Business activities of the target

          1. 8.2.1. Explain the existing and future business activities of the undertaking(s)...

          2. 8.2.2. In the case of a joint venture with no actual...

        3. 8.3. Absence of reportable markets

      10. SECTION 9 Cooperative effects of a joint venture

      11. SECTION 10 Declaration

    3. ANNEX III

      FORM RS

      1. FORM RS RELATING TO REASONED SUBMISSIONS PURSUANT TO ARTICLES 4(4) AND 4(5) OF REGULATION (EC) No 139/2004...

        1. INTRODUCTION

          1. 1.1. The purpose of this Form RS

          2. 1.2. Persons entitled to submit a reasoned submission

          3. 1.3. The requirement for a reasoned submission to be correct and...

          4. 1.4. How to make a reasoned submission

          5. 1.5. Confidentiality

          6. 1.6. Definitions and instructions for purposes of this Form RS

          7. 1.7. International cooperation between the Commission and other competition authorities

        2. SECTION 1 1.1. Background information 1.1.1. Provide an executive summary of the...

          1. 1.1. Background information

            1. 1.1.1. Provide an executive summary of the concentration, specifying the parties...

            2. 1.1.2. Indicate whether the reasoned submission is made under Article 4(4)...

          2. 1.2. Information on submitting party (or parties) and other parties to...

        3. SECTION 2 General background and details of the concentration

          1. 2.1. Describe the nature of the concentration being notified. By reference...

          2. 2.2. Describe the economic rationale of the concentration.

          3. 2.3. State the value of the concentration (the purchase price (or...

          4. 2.4. Describe any financial or other support received from public authorities...

          5. 2.5. Provide sufficient financial or other data to show that the...

        4. SECTION 3 Market definitions

          1. 3.1. Relevant product markets:

          2. 3.2. Relevant geographic markets:

          3. 3.3. Affected markets:

        5. SECTION 4 Information on affected markets

        6. SECTION 5 Details of the referral request and reasons why the case...

          1. 5.1. Indicate whether the reasoned submission is made pursuant to Article...

          2. 5.2. (for Article 4(4) referrals and/or referrals pursuant to the provisions...

          3. 5.3. (for Article 4(5) referrals and/or referrals pursuant to the provisions...

        7. SECTION 6 Declaration

    4. 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

      1. INTRODUCTION

      2. SECTION 1 Description of the commitment

        1. 1.1. Provide detailed information on

        2. 1.2. Where the commitments offered consist in the divestiture of a...

      3. SECTION 2 Suitability to remove competition concerns

        1. 2. Provide information showing the suitability of the commitments offered to...

      4. SECTION 3 Deviation from Model Texts

        1. 3. Identify any deviations of the commitments offered from the pertinent...

      5. SECTION 4 Summary of the commitments

        1. 4. Provide a non-confidential summary of the nature and scope of...

      6. SECTION 5 Information on a business to be divested

        1. 5. Where the commitments offered consist in the divestiture of a...

          1. General information on the business to be divested

            1. 5.1. Describe the business to be divested generally, including the entities...

            2. 5.2. State whether there are and describe any legal obstacles for...

            3. 5.3. List and describe the products manufactured or services provided, in...

            4. 5.4. Describe the level on which the essential functions of the...

            5. 5.5. Describe in detail the links between the business to be...

            6. 5.6. Describe in general terms all relevant tangible and intangible assets...

            7. 5.7. Submit an organisational chart identifying the number of personnel currently...

            8. 5.8. Describe the customers of the business to be divested, including...

            9. 5.9. Provide financial data for the business to be divested, including...

            10. 5.10. Identify and describe any changes that have occurred in the...

            11. 5.11. Identify and describe any changes, planned for the next two...

          2. General information on the business to be divested as described...

            1. 5.12. Describe any areas where the business to be divested as...

          3. Acquisition by a suitable purchaser

            1. 5.13. Explain the reasons why, in your view, the business will...

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