[eu]cite

Home› Competition & Unfair Trade Practices› GWB (EN)

Part 1 · Restraints of Competition  ›  Division 1 · Powers of the Competition Authorities › Section 32b

Commitments

(1) Where, in the course of proceedings under Section 30(3), Section 31b(3) or Section 32, undertakings offer to enter into commitments which are capable of dispelling the concerns communicated to them by the competition authority upon preliminary assessment, the competition authority may by way of a decision declare those commitments to be binding on the undertakings. The decision shall state that, subject to the provisions under subsection (2), the competition authority will not exercise its powers under Section 30(3), Section 31b(3), Section 32 and Section 32a. The decision may be limited in time.

(2) The competition authority may rescind the decision pursuant to subsection (1) and reopen the proceedings where

1.  the factual circumstances have subsequently changed in an aspect that is material for the decision;

2.  the undertakings concerned fail to meet their commitments; or

3.  the decision was based on incomplete, incorrect or misleading information provided by the parties.

←→ also move between sections