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Non-reacquisition clause: In order to maintain the structural
effect of a remedy, the commitments have to foresee that the
merged entity cannot subsequently acquire influence over the
divested business in whole or in part. This non-reacquisition
period may last for more than ten years, especially in new
markets.
Behavioral commitments need to be efficient, concrete, and verifiable.
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Proportionality:
The remedies should not provide any burden
higher than what is necessary to overcome the competition concerns.
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Exactitude of information and documents concerning the
submitted commitments:
This is the “keystone” of the system
because the CB authorizes operations of concentrations within the
framework of the submitted commitments.
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Implementation period:
In order to reach the expected goal, the
commitments will be put into practice within a determined period
of time.
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Monitoring:
A trustee to monitor the correct implementation of the
commitments is to be appointed and the trustee’s characteristics,
functions, term of office, and appointment method are to be
explained in detail.