European Commission’s Revised Merger Remedies Notice

On 22 October 2008 the European Commission announced its revised notice on merger remedies and related changes to the Merger implementing regulation.

The revised notice reflects the accumulated experience of the Commission with merger remedies which often involve the transfer or licensing of intellectual property rights, including from recent cases involving specific technology or brand related remedies and from the Commission’s Merger remedies study (2005) that identified problems in the effectiveness of remedies granting access to intellectual property rights.