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Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market

article  25

CELEX:  02022R2560-20221223

Procedural rules applicable to the preliminary review and the in-depth investigation of notified concentrations
1. Articles 10, 11(1), (3) and (4), Articles 12 to 16 and 18 shall apply to notified concentrations.
2. The Commission may initiate an in-depth investigation under Article 10(3) no later than 25 working days after receipt of the complete notification.
3. After the in-depth investigation, the Commission shall adopt an implementing act in the form of one of the following decisions:
(a) a decision with commitments pursuant to Article 11(3);
(b) a no objection decision pursuant to Article 11(4); or (c) a decision prohibiting a concentration, where the Commission finds that a foreign subsidy distorts the internal market pursuant to Articles 4 to 6. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 48(2).
Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market

article  25

CELEX:  02022R2560-20221223

4. Decisions pursuant to paragraph 3 shall be adopted within 90 working days after the opening of the in-depth investigation, extended as the case may be pursuant to Article 24(1), point (b), and paragraphs (4) and (5). If the Commission does not adopt a decision within that time limit, the undertakings concerned shall be allowed to implement the concentration.
5. In any request for information to an undertaking, the Commission shall specify whether time limits will be suspended pursuant to Article 24(5), in the event the undertaking fails to provide complete information in the prescribed time limit.
Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market

article  25

CELEX:  02022R2560-20221223

6. The Commission may, where it finds that a concentration notifiable under Article 21(1) or notified upon request of the Commission under Article 21(5) has already been implemented and that foreign subsidies in that concentration distort the internal market pursuant to Articles 4, 5 and 6, adopt one of the following measures:
(a) require the undertakings concerned to dissolve the concentration, in particular through the dissolution of the merger or the disposal of all the shares or assets acquired, to restore the situation prevailing prior to the implementation of the concentration; or, where that restoration is not possible through dissolution of the concentration, any other measure appropriate to achieve such restoration as far as possible;
(b) order any other appropriate measure to ensure that the undertakings concerned dissolve the concentration or take other restorative measures as required in its decision. The Commission may impose the measures referred to in points (a) and (b) of this paragraph either in a decision pursuant to paragraph 3, point (c), of this Article or by separate decision.
Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market

article  25

CELEX:  02022R2560-20221223

The Commission may adopt, by means of an implementing act in the form of a decision, any of the measures referred to in points (a) or (b) of this paragraph where it finds that a concentration has been implemented in breach of a decision taken pursuant to paragraph (3), point (a), of this Article which has found that, in the absence of the commitments, the concentration would fulfil the criterion laid down in paragraph 3, point (c) of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 48(2).
7. The Commission may also adopt an implementing act in the form of a decision ordering interim measures referred to in Article 12 where:
(a) a concentration has been implemented in breach of Article 21;
(b) a concentration has been implemented in breach of a decision with commitments under paragraph 3, point (a) of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 48(2).