Commission Implementing Regulation (EU) 2023/914 of 20 April 2023 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings and repealing Commission Regulation (EC) No 802/2004 (Text with EEA relevance)

[^E0017]: See Commission Consolidated Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings, (OJ C 95, 16.4.2008, p. 1), available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52008XC0416%2808%29 (“Commission Consolidated Jurisdictional Notice”).

[^E0018]: See Section B IV of the Consolidated Jurisdictional Notice.

[^E0019]: On the calculation of turnover see Commission Consolidated Jurisdictional Notice.

[^E0020]: See Section 6 for more information on how to identify affected markets.

[^E0021]: SWOT refers to ‘Strengths, Weaknesses, Opportunities and Threats’ analysis. Any other method to depict the competitive landscape of a given product/innovation area falls under the requested data as well.

[^E0022]: See Commission Notice on the definition of the relevant market for the purposes of Community competition law, (OJ C 372, 9.12.1997, p. 5).

[^E0023]: During pre-notification contacts, notifying parties shall disclose information relating to all potentially affected markets even if they ultimately consider that these markets are not affected, and notwithstanding that the notifying parties may take a particular view in relation to the issue of market definition.

[^E0024]: Products (or services) are complementary when, for example, the use (or consumption) of one product essentially implies the use (or consumption) of the other product, such as for staple machines and staples, and printers and printer cartridges.

[^E0025]: Examples of products belonging to such a range would be whisky and gin sold to bars and restaurants, and different materials for packaging a certain category of goods sold to producers of such goods.

[^E0026]: Notice on Simplified Procedure, point 11.

[^E0027]: Please complete only one table for all markets falling under point 8 of the Notice on Simplified Procedure, ticking (all) the relevant boxes.

[^E0028]: For example, if regarding the vertical relationship between upstream market U and downstream market D, you considered the plausible upstream market definitions U1 and U2, you should include two tables: one including information on U1 and D and one including information on U2 and D.

[^E0029]: Complete only one table for all markets falling under point 8 of the Notice on Simplified Procedure for which none of the safeguards/exclusions apply (i.e., the answer to all questions in Section 7.4 is “No”). For each market falling under point 8 of the Notice on Simplified Procedure for which the answer to at least one question is “Yes”, you should provide a separate table.

[^E0031]: The value and volume of a market must reflect output less exports plus imports for the geographic areas under consideration.

[^E0032]: This section does not need to be completed if you have disclosed this information in section 8.1.6 with regard to the same pipeline products.

[^E0039]: With reference to your reply to Sections 8.1.6 and 8.2 above.

[^E0040]: The Commission may at any time, including for a complete notification of a concentration based on this Form CO, request a higher number of contact details for each of the categories of market participants identified in this Form CO and request contact details for other categories of market participants, for example suppliers.

[^E0041]: Not providing the requested information on efficiencies at the notification stage does not preclude providing the information at a later stage. However, the earlier the information is provided, the better the Commission can verify the efficiency claims.

[^E0042]: For further guidance on the assessment of efficiencies, see the Commission’s Guidelines on the assessment of horizontal mergers under the Council Regulation on the control of concentrations between undertakings, (OJ C 31, 5.2.2004, p. 5), available at https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A52004XC0205%2802%29.

[^E0043]: See Article 53(1) of the EEA Agreement.

[^E0044]: See Article 53(3) of the EEA Agreement.

[^E0045]: Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the ‘Merger Regulation’) (OJ L 24, 29.1.2004, p. 1).

[^E0046]: See page 22 of this Official Journal.

[^E0047]: Commission Notice on a simplified treatment of certain concentrations under Council Regulation (EC) No 139/2004 (OJ C 160, 5.5.2023, p. 1) (the ‘Notice on Simplified Procedure’).

[^E0048]: The term “current turnover” refers to turnover generated by the joint venture at the time of notification. The turnover of the joint venture can be determined according to the most recent audited accounts of the parent companies, or the joint venture itself, depending on the availability of separate accounts for the resources combined in the joint venture.

[^E0049]: Notice on Simplified Procedure, point 5(a).

[^E0050]: Notice on Simplified Procedure, point 5(b).

[^E0051]: See Notice on Simplified Procedure, point 5(c).

[^E0052]: See Notice on Simplified Procedure, point 5(d).

[^E0053]: See Notice on Simplified Procedure, point 5(e).

[^E0054]: See Notice on Simplified Procedure, point 8.

[^E0055]: See Notice on Simplified Procedure, point 9.

[^E0056]: See Notice on Simplified Procedure, point 9.

[^E0057]: The case team allocation request can be found at: https://ec.europa.eu/competition-policy/mergers/practical-information_en.

[^E0058]: In particular, transactions falling under point 5(a) and 5(c) of the Notice on Simplified Procedure (see Notice on Simplified Procedure, point 27).

[^E0059]: OJ L 295, 21.11.2018, p. 39EUR-Lex - 32018R1725 - EN - EUR-Lex (europa.eu).

[^E0060]: See power of attorney document template at https://ec.europa.eu/competition/mergers/legislation/power_of_attorney_template_en.docx.

[^E0061]: See https://ec.europa.eu/competition-policy/mergers/practical-information_en.

[^E0073]: You should include only the NACE codes of the products that lead to any horizontal overlaps and/or non-horizontal relationships. For cases without horizontal overlaps or non-horizontal relationships, you should include the NACE codes of the main products of the target.

[^E0074]: Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains, (OJ L 393, 30.12.2006, p. 1), available at EUR-Lex - 32006R1893 - EN - EUR-Lex (europa.eu).

[^E0075]: You should refer to the Commission Consolidated Jurisdictional Notice.

[^E0079]: The two boxes need be ticked for this category to apply.

[^E0085]: Pipeline products are products likely to be brought to market in the short or medium term. “Pipeline products” also covers services.

[^E0086]: In case of horizontal overlaps involving pipeline products, you should provide shares for the marketed products that compete in the plausible relevant market.

[^E0088]: Excluding vertical relationships falling under point 5(d)(ii)(bb) of the Notice on Simplified Procedure. For these vertical relationships, you should complete Section 10 below.

[^E0089]: For example, if regarding the vertical relationship between upstream market U and downstream market D, you considered the plausible upstream market definitions U1 an U2, you should include two tables: (i) information on U1 and D, and (ii) information on U2 and D.

[^E0092]: For example, if regarding the vertical relationship between upstream market U and downstream market D, you considered the plausible upstream market definitions U1 an U2, you should include two tables: (i) information on U1 and D, and (ii) information on U2 and D.

[^E0095]: Complete only one table for all markets falling under any of the categories of the Notice on Simplified Procedure for which none of the safeguards/exclusions apply (i.e., the answer to all questions in Section 11 is “No”). For each market falling under any of the categories of the Notice on Simplified Procedure for which the answer to at least one question is “Yes”, you should provide a separate table.

[^E0097]: Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the “Merger Regulation”) (OJ L 24, 29.1.2004, p. 1).

[^E0098]: OJ L 119, 5.5.2023, p. 22.

[^E0099]: See in particular Article 57 of the EEA Agreement, point 1 of Annex XIV to the EEA Agreement, Protocols 21 and 24 to the EEA Agreement (all available at EUR-Lex - 21994A0103(74) - EN - EUR-Lex (europa.eu)) , as well as Protocol 4 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (hereinafter ‘Surveillance and Court Agreement’), available at EUR-Lex - JOL_1994_344_R_0001_003 - EN - EUR-Lex (europa.eu) . Any reference to EFTA States must be understood to mean those EFTA States which are Contracting Parties to the EEA Agreement. As of 1 May 2004, those States are Iceland, Liechtenstein and Norway.

[^E0100]: In case submitting parties provide incorrect or misleading information in the Form RS, the Commission can also take the courses of action described in Commission Notice on case referral in respect of concentrations (‘Referral Notice’) (OJ C 56, 5.3.2005, p. 2), point 60, available at EUR-Lex - 52005XC0305(01) - EN - EUR-Lex (europa.eu).

[^E0101]: See, in particular, Article 122 of the EEA Agreement, Article 9 of Protocol 24 to the EEA Agreement and Article 17(2) of Chapter XIII of Protocol 4 to the Surveillance and Court Agreement.

[^E0102]: OJ L 295, 21.11.2018, p. 39. See also a privacy statement relating to Merger investigations at https://ec.europa.eu/competition-policy/index/privacy-policy-competition-investigations_en.

[^E0103]: Pipeline products are products likely to be brought to market in the short or medium term. “Pipeline products” also covers services.

[^E0104]: Horizontal overlaps involving pipeline products include overlaps between pipeline products and overlaps between one or more marketed product(s) and one or more pipeline product(s).

[^E0105]: Vertical relationships involving pipeline products include relationships between pipeline products and relationships between one or more marketed product(s) and one or more pipeline product(s).

[^E0106]: Commission Notice on a simplified treatment of certain concentrations under Council Regulation (EC) No 139/2004 (OJ C 160, 5.5.2023, p. 1) (‘Notice on Simplified Procedure’).

[^E0107]: This includes the target company in the case of a contested bid, in which case the details should be completed as far as is possible.

[^E0108]: See power of attorney document template at https://ec.europa.eu/competition/mergers/legislation/power_of_attorney_template_en.docx.

[^E0109]: Commission Consolidated Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (“Commission Consolidated Jurisdictional Notice”), (OJ C 95, 16.4.2008, p. 1), available at EUR-Lex - 52008XC0416(08) - EN - EUR-Lex (europa.eu).

[^E0110]: See Section B IV of the Commission Consolidated Jurisdictional Notice.

[^E0111]: On the concepts of ‘undertaking concerned’ and the calculation of turnover, see Commission Consolidated Jurisdictional Notice.

[^E0112]: See Commission Notice on the definition of the relevant market for the purposes of Community competition law, (OJ C 372, 9.12.1997, p. 5).

[^E0113]: During pre-notification contacts, submitting parties shall disclose information relating to all potentially affected markets even if they ultimately consider that these markets are not affected and notwithstanding that the submitting parties may take a particular view in relation to the issue of market definition.

[^E0114]: The value and volume of a market must reflect output less exports plus imports for the geographic areas under consideration.

[^E0115]: For market definitions refer to Section 3.

[^E0116]: For guiding principles of case referrals, see Referral Notice, point 17 and fn. 21.

[^E0117]: For guiding principles of case referrals, see Referral Notice, point 28.

[^E0118]: Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the “Merger Regulation”) (OJ L 24, 29.1.2004, p. 1), available at EUR-Lex - 32004R0139 - EN - EUR-Lex (europa.eu).

[^E0119]: See page 22 of this Official Journal.

[^E0120]: Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39), available at EUR-Lex - 32018R1725 - EN - EUR-Lex (europa.eu). See also a privacy statement relating to Merger investigations at https://ec.europa.eu/competition-policy/index/privacy-policy-competition-investigations_en.