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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)

EU Regulation No 802/2004 · Adopted 7 April 2004 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations to the whole text

Textual amendments

F1

Regulation revoked (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 3 para. 2 (as amended by S.I. 2020/1343, reg. 34(3)); 2020 c. 1, Sch. 5 para. 1(1)

Contents

  1. Chapter I: SCOPE Repealed
  2. 1Scope Repealed
  3. Chapter II: NOTIFICATIONS AND OTHER SUBMISSIONS Repealed
  4. 2Persons entitled to submit notifications Repealed
  5. 3Submission of notifications Repealed
  6. 4Information and documents to be provided Repealed
  7. 5Effective date of notification Repealed
  8. 6Specific provisions relating to reasoned submissions, supplements and certifications Repealed
  9. Chapter III: TIME-LIMITS Repealed
  10. 7Beginning of time periods Repealed
  11. 8Expiry of time periods Repealed
  12. 9Suspension of time limit Repealed
  13. 10Compliance with the time-limits Repealed
  14. Chapter IV: EXERCISE OF THE RIGHT TO BE HEARD; HEARINGS Repealed
  15. 11Parties to be heard Repealed
  16. 12Decisions on the suspension of concentrations Repealed
  17. 13Decisions on the substance of the case Repealed
  18. 14Oral hearings Repealed
  19. 15Conduct of formal oral hearings Repealed
  20. 16Hearing of third persons Repealed
  21. Chapter V: ACCESS TO THE FILE AND TREATMENT OF CONFIDENTIAL INFORMATION Repealed
  22. 17Access to the file and use of documents Repealed
  23. 18Confidential information Repealed
  24. Chapter VI: COMMITMENTS OFFERED BY THE UNDERTAKINGS CONCERNED Repealed
  25. 19Time limits for submission of commitments Repealed
  26. 20Procedure for the submission of commitments Repealed
  27. 20aTrustees Repealed
  28. Chapter VII: MISCELLANEOUS PROVISIONS Repealed
  29. 21Transmission of documents Repealed
  30. 22Setting of time limits Repealed
  31. 23Receipt of documents by the Commission Repealed
  32. 24Definition of working days Repealed
  33. 25Repeal and transitional provision Repealed
  34. 26Entry into force Repealed
  35. Signature
  36. Annex I: FORM CO RELATING TO THE NOTIFICATION OF A CONCENTRATION PURSUANT TO REGULATION (EC) No 139/2004 Repealed
  37. INTRODUCTION Repealed
  38. 1.1The purpose of this Form CO Repealed
  39. 1.2Pre-notification contacts Repealed
  40. 1.3Who must notify Repealed
  41. 1.4The requirement for a correct and complete notification Repealed
  42. 1.5How to notify Repealed
  43. 1.6Confidentiality Repealed
  44. 1.7Definitions and instructions for purposes of this Form CO Repealed
  45. 1.8Description of quantitative economic data collected by the undertakings concerned Repealed
  46. 1.9International cooperation between the Commission and other competition authorities Repealed
  47. 1.10Provision of information to employees and their representatives Repealed
  48. SECTION 1Description of the concentration Repealed
  49. 1.1Division 1.1 Repealed
  50. 1.2Division 1.2 Repealed
  51. SECTION 2Information about the parties Repealed
  52. 2.1Information on notifying party (or parties) and other parties to the concentration Repealed
  53. 2.2Nature of the parties’ business Repealed
  54. SECTION 3Details of the concentration, ownership and control Repealed
  55. 3.1Describe the nature of the concentration being notified. By reference to the relevant criteria of the Merger Regulation and the Commission Consolidated Jurisdictional Notice : Repealed
  56. 3.2Division 3.2 Repealed
  57. 3.3Division 3.3 Repealed
  58. 3.4Division 3.4 Repealed
  59. 3.5Division 3.5 Repealed
  60. 3.6Division 3.6 Repealed
  61. SECTION 4Turnover Repealed
  62. SECTION 5Supporting documentation Repealed
  63. SECTION 6Market definitions Repealed
  64. 6.1Relevant product markets: Repealed
  65. 6.2Relevant geographic markets: Repealed
  66. 6.3Affected markets: Repealed
  67. 6.4Other markets in which the notified operation may have a significant impact Repealed
  68. SECTION 7Information on affected markets Repealed
  69. SECTION 8Structure of supply in affected markets Repealed
  70. 8.1Provide a brief explanation of the structure of supply in each of the affected markets. Specify in particular: Repealed
  71. Structure of demand in affected markets Repealed
  72. 8.2Provide a brief explanation of the structure of demand in each affected market, specifying, in particular: Repealed
  73. Product differentiation and closeness of competition Repealed
  74. 8.3Provide a brief explanation of the degree of product differentiation in each affected market, specifying, in particular: Repealed
  75. Market entry and exit Repealed
  76. 8.4Over the last five years, has there been any significant entry into any affected market? Repealed
  77. 8.5In the opinion of the notifying parties, are there undertakings (including those at present operating only outside the EU or the EEA) that are likely to enter any affected market? Repealed
  78. 8.6Provide a brief description of the main factors influencing entry into each of the affected markets, examining entry from both a geographical and product viewpoint. In so doing, take account of the following where appropriate: Repealed
  79. 8.7Division 8.7 Repealed
  80. 8.8Over the last five years, has there been any exit from any affected market? Repealed
  81. Research and development Repealed
  82. 8.9Give an account for the affected markets of the importance of research and development in firms’ ability to compete in the long term. Explain the nature of the research and development in affected markets carried out by the parties to the concentration. Repealed
  83. Cooperative Agreements Repealed
  84. 8.10Division 8.10 Repealed
  85. 8.11Division 8.11 Repealed
  86. Trade between Member States and imports from outside the EEA Repealed
  87. 8.12Division 8.12 Repealed
  88. 8.13For the affected markets, provide an estimate of the total value and volume and source of imports from outside the EEA territory and identify: Repealed
  89. Trade associations Repealed
  90. 8.14With respect to the trade associations in the affected markets: Repealed
  91. Contact details Repealed
  92. 8.15Provide the name, address, telephone number, fax number and e-mail address of the head of the legal department (or other person exercising similar functions; and in cases where there is no such person, the chief executive) for : Repealed
  93. SECTION 9Efficiencies Repealed
  94. SECTION 10Cooperative effects of a joint venture Repealed
  95. SECTION 11Declaration Repealed
  96. Annex II: SHORT FORM CO FOR THE NOTIFICATION OF A CONCENTRATION PURSUANT TO REGULATION (EC) No 139/2004 Repealed
  97. INTRODUCTION Repealed
  98. 1.1The purpose of the Short Form CO Repealed
  99. 1.2Reversion to the normal procedure and notification under Form CO Repealed
  100. 1.3Pre-notification contacts Repealed
  101. 1.4Who must notify Repealed
  102. 1.5The information to be provided Repealed
  103. 1.6The requirement for a correct and complete notification Repealed
  104. 1.7How to notify Repealed
  105. 1.8Confidentiality Repealed
  106. 1.9Definitions and instructions for purposes of this Short Form CO Repealed
  107. 1.10International cooperation between the Commission and other competition authorities Repealed
  108. 1.11Provision of information to employees and their representatives Repealed
  109. SECTION 1Description of the concentration Repealed
  110. 1.1Division 1.1 Repealed
  111. 1.2Division 1.2 Repealed
  112. 1.3Division 1.3 Repealed
  113. SECTION 2Information about the parties Repealed
  114. SECTION 3Details of the concentration, ownership and control Repealed
  115. 3.1Describe the nature of the concentration being notified. By reference to the relevant criteria of the Merger Regulation and the Commission Consolidated Jurisdictional Notice : Repealed
  116. 3.2Division 3.2 Repealed
  117. 3.3Division 3.3 Repealed
  118. 3.4Division 3.4 Repealed
  119. SECTION 4Turnover Repealed
  120. SECTION 5Supporting documentation Repealed
  121. SECTION 6Market definitions Repealed
  122. 6.1Market definitions Repealed
  123. 6.1.1Relevant product markets Repealed
  124. 6.1.2Relevant geographic markets Repealed
  125. 6.2Reportable markets Repealed
  126. SECTION 7Information on markets Repealed
  127. 7.1For each reportable market described in Section 6, for the year preceding the operation, provide the following: Repealed
  128. 7.2If the concentration falls within the scope of point 6 of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004, explain the following for each reportable market where the parties have a combined horizontal market share of 20 % or more: Repealed
  129. SECTION 8Activities of the target if no reportable markets Repealed
  130. 8.1Business activities of the party or parties acquiring control Repealed
  131. 8.2Business activities of the target Repealed
  132. 8.2.1Division 8.2.1 Repealed
  133. 8.2.2In the case of a joint venture with no actual or foreseen activities within the territory of the EEA within the meaning of paragraph 5(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004, it is sufficient to explain: Repealed
  134. 8.3Absence of reportable markets Repealed
  135. SECTION 9Cooperative effects of a joint venture Repealed
  136. SECTION 10Declaration Repealed
  137. Annex III: FORM RS Repealed
  138. FORM RS RELATING TO REASONED SUBMISSIONSPURSUANT TO ARTICLES 4(4) AND 4(5) OF REGULATION (EC) No 139/2004 Repealed
  139. INTRODUCTION Repealed
  140. 1.1The purpose of this Form RS Repealed
  141. 1.2Persons entitled to submit a reasoned submission Repealed
  142. 1.3The requirement for a reasoned submission to be correct and complete Repealed
  143. 1.4How to make a reasoned submission Repealed
  144. 1.5Confidentiality Repealed
  145. 1.6Definitions and instructions for purposes of this Form RS Repealed
  146. 1.7International cooperation between the Commission and other competition authorities Repealed
  147. SECTION 1Division SECTION 1 Repealed
  148. 1.1Background information Repealed
  149. 1.1.1Division 1.1.1 Repealed
  150. 1.1.2Indicate whether the reasoned submission is made under Article 4(4) or (5) of the Merger Regulation and/or pursuant to the provisions of the EEA Agreement: Repealed
  151. 1.2Information on submitting party (or parties) and other parties to the concentration Repealed
  152. SECTION 2General background and details of the concentration Repealed
  153. 2.1Describe the nature of the concentration being notified. By reference to the relevant criteria of the Merger Regulation and the Commission Consolidated Jurisdictional Notice : Repealed
  154. 2.2Division 2.2 Repealed
  155. 2.3Division 2.3 Repealed
  156. 2.4Division 2.4 Repealed
  157. 2.5Provide sufficient financial or other data to show that the concentration meets OR does not meet the jurisdictional thresholds under Article 1 of the Merger Regulation by providing the following information for each of the undertakings concerned by the concentration for the last financial year : Repealed
  158. SECTION 3Market definitions Repealed
  159. 3.1Relevant product markets: Repealed
  160. 3.2Relevant geographic markets: Repealed
  161. 3.3Affected markets: Repealed
  162. SECTION 4Information on affected markets Repealed
  163. SECTION 5Details of the referral request and reasons why the case should be referred Repealed
  164. 5.1Indicate whether the reasoned submission is made pursuant to Article 4(4) or 4(5) of the Merger Regulation and/or pursuant to the provisions of the EEA Agreement, and fill in only the relevant sub-section: Repealed
  165. 5.2(for Article 4(4) referrals and/or referrals pursuant to the provisions of the EEA Agreement) Repealed
  166. 5.3(for Article 4(5) referrals and/or referrals pursuant to the provisions of the EEA Agreement) Repealed
  167. SECTION 6Declaration Repealed
  168. 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 Repealed
  169. INTRODUCTION Repealed
  170. SECTION 1Description of the commitment Repealed
  171. 1.1Division 1.1 Repealed
  172. 1.2Division 1.2 Repealed
  173. SECTION 2Suitability to remove competition concerns Repealed
  174. 2Division 2 Repealed
  175. SECTION 3Deviation from Model Texts Repealed
  176. 3Division 3 Repealed
  177. SECTION 4Summary of the commitments Repealed
  178. 4Division 4 Repealed
  179. SECTION 5Information on a business to be divested Repealed
  180. 5Division 5 Repealed
  181. General information on the business to be divested Repealed
  182. 5.1Division 5.1 Repealed
  183. 5.2Division 5.2 Repealed
  184. 5.3Division 5.3 Repealed
  185. 5.4Division 5.4 Repealed
  186. 5.5Division 5.5 Repealed
  187. 5.6Division 5.6 Repealed
  188. 5.7Division 5.7 Repealed
  189. 5.8Division 5.8 Repealed
  190. 5.9Division 5.9 Repealed
  191. 5.10Division 5.10 Repealed
  192. 5.11Division 5.11 Repealed
  193. General information on the business to be divested as described in the commitments Repealed
  194. 5.12Division 5.12 Repealed
  195. Acquisition by a suitable purchaser Repealed
  196. 5.13Division 5.13 Repealed