What are the potential outcomes of the merger investigation?
Please include reference to potential remedies, conditions and
The Competition Commission (ComCo) can clear a concentration,
prohibit it or clear it with conditions and/or obligations.
Technically, only decisions prohibiting the transaction or clearing
it with conditions and/or obligations are issued as formal
decisions; while decisions permitting a transaction are issued as
If ComCo feels that the transaction would create competitive
issues, it will ask the parties to propose remedies. Regarding
procedure, there is no standardised procedure for negotiating
remedies. Parties can begin negotiating remedies during the
pre-notification procedure. It is also possible to negotiate
remedies in Phase I, although this is rare, except in cases where
remedies have agreed in the parallel proceedings before the
European Commission in Phase I and the secretariat has required the
parties to commit to the same remedies in regard to Switzerland. In
purely domestic transactions, remedies often are negotiated after
the parties received the statement of objections of the secretariat
in Phase II.
Regarding the substance of remedies, ComCo prefers structural to
behavioural remedies. However, there have been numerous cases where
ComCo has accepted behavioural remedies.
In cases that have been filed in multiple jurisdictions and
where remedies have been imposed by a foreign competition
authority, ComCo has often requested a commitment from the parties
to adhere to these remedies in case of similar competitive issues
Up until the recent decision of the Inner House of the Court of Session in Hoe International Limited v Anderson & Aykroyd  CSIH 9 if a contract set out strict conditions on how a notice should be served...
An assignment of rights under a contract is normally restricted to the benefit of the contract. Where a party wishes to transfer both the benefit and burden of the contract this generally needs to be done by way of a novation.
The amount of information contained in arbitration clauses varies greatly from contract to contract. Some parties, in their arbitration clauses, specifically state the rules to be applied, the number of arbitrators (and sometimes the requisite qualification and experience of these arbitrators), the language of the arbitration proceedings, the location of hearings and the seat of arbitration.
On September 15, 2016, the Commission published its Preliminary Report on the E-commerce Sector Inquiry.
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