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
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
- Chapter I: SCOPE Repealed
- 1Scope Repealed
- Chapter II: NOTIFICATIONS AND OTHER SUBMISSIONS Repealed
- 2Persons entitled to submit notifications Repealed
- 3Submission of notifications Repealed
- 4Information and documents to be provided Repealed
- 5Effective date of notification Repealed
- 6Specific provisions relating to reasoned submissions, supplements and certifications Repealed
- Chapter III: TIME-LIMITS Repealed
- 7Beginning of time periods Repealed
- 8Expiry of time periods Repealed
- 9Suspension of time limit Repealed
- 10Compliance with the time-limits Repealed
- Chapter IV: EXERCISE OF THE RIGHT TO BE HEARD; HEARINGS Repealed
- 11Parties to be heard Repealed
- 12Decisions on the suspension of concentrations Repealed
- 13Decisions on the substance of the case Repealed
- 14Oral hearings Repealed
- 15Conduct of formal oral hearings Repealed
- 16Hearing of third persons Repealed
- Chapter V: ACCESS TO THE FILE AND TREATMENT OF CONFIDENTIAL INFORMATION Repealed
- 17Access to the file and use of documents Repealed
- 18Confidential information Repealed
- Chapter VI: COMMITMENTS OFFERED BY THE UNDERTAKINGS CONCERNED Repealed
- 19Time limits for submission of commitments Repealed
- 20Procedure for the submission of commitments Repealed
- 20aTrustees Repealed
- Chapter VII: MISCELLANEOUS PROVISIONS Repealed
- 21Transmission of documents Repealed
- 22Setting of time limits Repealed
- 23Receipt of documents by the Commission Repealed
- 24Definition of working days Repealed
- 25Repeal and transitional provision Repealed
- 26Entry into force Repealed
- Signature
- Annex I: FORM CO RELATING TO THE NOTIFICATION OF A CONCENTRATION PURSUANT TO REGULATION (EC) No 139/2004 Repealed
- INTRODUCTION Repealed
- 1.1The purpose of this Form CO Repealed
- 1.2Pre-notification contacts Repealed
- 1.3Who must notify Repealed
- 1.4The requirement for a correct and complete notification Repealed
- 1.5How to notify Repealed
- 1.6Confidentiality Repealed
- 1.7Definitions and instructions for purposes of this Form CO Repealed
- 1.8Description of quantitative economic data collected by the undertakings concerned Repealed
- 1.9International cooperation between the Commission and other competition authorities Repealed
- 1.10Provision of information to employees and their representatives Repealed
- SECTION 1Description of the concentration Repealed
- 1.1Division 1.1 Repealed
- 1.2Division 1.2 Repealed
- SECTION 2Information about the parties Repealed
- 2.1Information on notifying party (or parties) and other parties to the concentration Repealed
- 2.2Nature of the parties’ business Repealed
- SECTION 3Details of the concentration, ownership and control Repealed
- 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
- 3.2Division 3.2 Repealed
- 3.3Division 3.3 Repealed
- 3.4Division 3.4 Repealed
- 3.5Division 3.5 Repealed
- 3.6Division 3.6 Repealed
- SECTION 4Turnover Repealed
- SECTION 5Supporting documentation Repealed
- SECTION 6Market definitions Repealed
- 6.1Relevant product markets: Repealed
- 6.2Relevant geographic markets: Repealed
- 6.3Affected markets: Repealed
- 6.4Other markets in which the notified operation may have a significant impact Repealed
- SECTION 7Information on affected markets Repealed
- SECTION 8Structure of supply in affected markets Repealed
- 8.1Provide a brief explanation of the structure of supply in each of the affected markets. Specify in particular: Repealed
- Structure of demand in affected markets Repealed
- 8.2Provide a brief explanation of the structure of demand in each affected market, specifying, in particular: Repealed
- Product differentiation and closeness of competition Repealed
- 8.3Provide a brief explanation of the degree of product differentiation in each affected market, specifying, in particular: Repealed
- Market entry and exit Repealed
- 8.4Over the last five years, has there been any significant entry into any affected market? Repealed
- 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
- 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
- 8.7Division 8.7 Repealed
- 8.8Over the last five years, has there been any exit from any affected market? Repealed
- Research and development Repealed
- 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
- Cooperative Agreements Repealed
- 8.10Division 8.10 Repealed
- 8.11Division 8.11 Repealed
- Trade between Member States and imports from outside the EEA Repealed
- 8.12Division 8.12 Repealed
- 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
- Trade associations Repealed
- 8.14With respect to the trade associations in the affected markets: Repealed
- Contact details Repealed
- 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
- SECTION 9Efficiencies Repealed
- SECTION 10Cooperative effects of a joint venture Repealed
- SECTION 11Declaration Repealed
- Annex II: SHORT FORM CO FOR THE NOTIFICATION OF A CONCENTRATION PURSUANT TO REGULATION (EC) No 139/2004 Repealed
- INTRODUCTION Repealed
- 1.1The purpose of the Short Form CO Repealed
- 1.2Reversion to the normal procedure and notification under Form CO Repealed
- 1.3Pre-notification contacts Repealed
- 1.4Who must notify Repealed
- 1.5The information to be provided Repealed
- 1.6The requirement for a correct and complete notification Repealed
- 1.7How to notify Repealed
- 1.8Confidentiality Repealed
- 1.9Definitions and instructions for purposes of this Short Form CO Repealed
- 1.10International cooperation between the Commission and other competition authorities Repealed
- 1.11Provision of information to employees and their representatives Repealed
- SECTION 1Description of the concentration Repealed
- 1.1Division 1.1 Repealed
- 1.2Division 1.2 Repealed
- 1.3Division 1.3 Repealed
- SECTION 2Information about the parties Repealed
- SECTION 3Details of the concentration, ownership and control Repealed
- 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
- 3.2Division 3.2 Repealed
- 3.3Division 3.3 Repealed
- 3.4Division 3.4 Repealed
- SECTION 4Turnover Repealed
- SECTION 5Supporting documentation Repealed
- SECTION 6Market definitions Repealed
- 6.1Market definitions Repealed
- 6.1.1Relevant product markets Repealed
- 6.1.2Relevant geographic markets Repealed
- 6.2Reportable markets Repealed
- SECTION 7Information on markets Repealed
- 7.1For each reportable market described in Section 6, for the year preceding the operation, provide the following: Repealed
- 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
- SECTION 8Activities of the target if no reportable markets Repealed
- 8.1Business activities of the party or parties acquiring control Repealed
- 8.2Business activities of the target Repealed
- 8.2.1Division 8.2.1 Repealed
- 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
- 8.3Absence of reportable markets Repealed
- SECTION 9Cooperative effects of a joint venture Repealed
- SECTION 10Declaration Repealed
- Annex III: FORM RS Repealed
- FORM RS RELATING TO REASONED SUBMISSIONSPURSUANT TO ARTICLES 4(4) AND 4(5) OF REGULATION (EC) No 139/2004 Repealed
- INTRODUCTION Repealed
- 1.1The purpose of this Form RS Repealed
- 1.2Persons entitled to submit a reasoned submission Repealed
- 1.3The requirement for a reasoned submission to be correct and complete Repealed
- 1.4How to make a reasoned submission Repealed
- 1.5Confidentiality Repealed
- 1.6Definitions and instructions for purposes of this Form RS Repealed
- 1.7International cooperation between the Commission and other competition authorities Repealed
- SECTION 1Division SECTION 1 Repealed
- 1.1Background information Repealed
- 1.1.1Division 1.1.1 Repealed
- 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
- 1.2Information on submitting party (or parties) and other parties to the concentration Repealed
- SECTION 2General background and details of the concentration Repealed
- 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
- 2.2Division 2.2 Repealed
- 2.3Division 2.3 Repealed
- 2.4Division 2.4 Repealed
- 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
- SECTION 3Market definitions Repealed
- 3.1Relevant product markets: Repealed
- 3.2Relevant geographic markets: Repealed
- 3.3Affected markets: Repealed
- SECTION 4Information on affected markets Repealed
- SECTION 5Details of the referral request and reasons why the case should be referred Repealed
- 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
- 5.2(for Article 4(4) referrals and/or referrals pursuant to the provisions of the EEA Agreement) Repealed
- 5.3(for Article 4(5) referrals and/or referrals pursuant to the provisions of the EEA Agreement) Repealed
- SECTION 6Declaration Repealed
- 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
- INTRODUCTION Repealed
- SECTION 1Description of the commitment Repealed
- 1.1Division 1.1 Repealed
- 1.2Division 1.2 Repealed
- SECTION 2Suitability to remove competition concerns Repealed
- 2Division 2 Repealed
- SECTION 3Deviation from Model Texts Repealed
- 3Division 3 Repealed
- SECTION 4Summary of the commitments Repealed
- 4Division 4 Repealed
- SECTION 5Information on a business to be divested Repealed
- 5Division 5 Repealed
- General information on the business to be divested Repealed
- 5.1Division 5.1 Repealed
- 5.2Division 5.2 Repealed
- 5.3Division 5.3 Repealed
- 5.4Division 5.4 Repealed
- 5.5Division 5.5 Repealed
- 5.6Division 5.6 Repealed
- 5.7Division 5.7 Repealed
- 5.8Division 5.8 Repealed
- 5.9Division 5.9 Repealed
- 5.10Division 5.10 Repealed
- 5.11Division 5.11 Repealed
- General information on the business to be divested as described in the commitments Repealed
- 5.12Division 5.12 Repealed
- Acquisition by a suitable purchaser Repealed
- 5.13Division 5.13 Repealed