COMMENTS ON THE EUROPEAN COMMISSION’S DRAFT NOTICE
ON REMEDIES ACCEPTABLE UNDER COUNCIL REGULATION
(EEC) NO 139/2004 AND UNDER COMMISSION REGULATION (EC)
Crowell & Moring
Rue Royale/Koningsstraat 71
29 June 2007
Crowell & Moring is a 300+ attorneys law firm with offices in Washington DC, Irvine
(California), New York, London and Brussels. It has an internationally recognized antitrust
practice which covers all offices. One focus of Crowell & Moring’s Brussels office is EC
competition law. For more information please see www.crowell.com.
COMMENTS ON THE EUROPEAN COMMISSION’S DRAFT NOTICE ON
REMEDIES ACCEPTABLE UNDER COUNCIL REGULATION (EEC) No
139/2004 AND UNDER COMMISSION REGULATION (EC) No 802/2004
This paper provides Crowell & Moring’s comments on the European Commission’s
Draft Notice on remedies acceptable under Council Regulation (EEC) No 139/2004 and
under Commission Regulation (EC) No 802/2004 (“Draft Notice”). Crowell & Moring
also took into consideration the changes suggested for the Commission Regulation
amending Regulation (EC) No 802/2004 implementing Council Regulation (EC) No
139/2004 on the control of concentrations between undertakings (“Draft Regulation”).
We welcome the opportunity to comment on the Draft Notice and commend the
Commission’s efforts to engage interested parties in the discussion process for the future
application of remedies in merger cases. Crowell & Moring provides these comments
based on the experience of our lawyers in advising numerous clients on these issues over
many years but notes that the comments are our own and do not necessarily reflect the
views of any client.
Crowell & Moring does not comment exhaustively on all the suggestions in the Draft
Notice but concentrates on those which, based on our experience, we find could be
reconsidered or revised.
Crowell & Moring strongly supports the general initiative of the Commission to publish
the Draft Notice. The Draft Notice builds on the Eur