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means the requirements determined in relation with the commitments
submitted by the parties and that obligation means the implementing steps
/ methods which are necessary to achieve the requirements.
The Guidelines Project also determines the sanctions for breach of
the conditions and the obligations. Within this context, the Guidelines
Project states that for breach of a condition, the conditional authorization
decision will be automatically nullified and that, in case of breach of an
obligation, an administrative fine will be levied on the parties.
The regulation of this point within the Guidelines Project is very
felicitous. Indeed, the confusion existing in the Notice for the case of
breach of the obligation was not reported in the Guidelines Project, and a
determined sanction was foreseen for that situation.
Conclusion
The Guidelines Project constitutes a kind of road map for the
operations of concentration. For that reason, in order for the objective
of the Guidelines Project to be reached, it would be better if the material
amendments mentioned above are also taken into consideration.
Additionally, with a view for the Guidelines Project to be useful and
comprehensible, some amendments related to the form of the Guidelines
Project should be made. The proposed amendments at first glance are as
follows:
• If the amendments noted above are made, these amendments
should be regulated under different articles and a title should be
given to each article;
• Unnecessary repetitions should be removed and the plan of the
Guidelines Project should be re-determined;
• Additionally, similar to the Notice, reference should be made
to prior Board decisions. In this way, the comprehension of the
Board’s practice will be easier;
• The notion of “proposition of remedy” should be replaced by
the notion of “commitment”. As a matter of fact, the Guidelines
Project regulates that the parties behave in a certain way and not
that they bring forward a proposal.