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structural commitment and if there is no structural commitment having
an equivalent effect.
However, behavioural commitments may be as efficient as structural
commitments. For that reason, the condition of the absence of a structural
commitment will not be provided for the implementation of behavioural
commitments. The principle of proportionality also necessitates that a
behavioural commitment be implemented if it is sufficient to reach the
expected objective. Indeed, behavioural commitments are nearly always
the least troublesome and most economical in comparison with structural
commitments. For that reason, it is necessary to modify the Guidelines
Project and to disconnect the acceptance of behavioural commitments
from the absence of structural commitments.
Submission of Commitments to the Board
The Guidelines Project states that commitments may be submitted
with the notification or after the notification during the preliminary or
the final examination phase. In the notification form annexed to the
Communiqué, a special part was separate for commitments.
8
7
Submission of Commitments in the Preliminary Examination
Phase.
The Guidelines Project states that commitments may be accepted
in the preliminary examination phase on condition that competition
concerns may be readily identifiable and easily remedied and that the
commitments submitted in order to eliminate these competition concerns
are clear and evident. In this sense, substantive and implementing
commitments entered into by the parties must be submitted in full and in
detail and signed by a duly authorised person. Furthermore, the parties
must, by reason of the time limitation, submit the commitments on time
to the Board.
Even if this regulation is parallel to the Notice, the Guidelines
Project does not state that both the competition concerns arising out
of the operation of concentration and the commitments submitted in
order to eliminate these competition concerns must be so clear that a
deep examination is not needed. However, the non-necessity of a deep
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Commitments may be submitted under point 11.5 of the notification form. See fn. 1.