31.10.  73 Official  Journal  of the European  Communities No C 92/1 
II 
(Preparatory  Acts) 
COMMISSION 
Proposal  for  a Regulation  (EEC)  of the  Council  on the  control  of concentrations 
between  undertakings 
(Submitted  to the Council  by the Commission  on 20 July  1973) 
THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 
Having  regard  to the  Treaty  establishing  the Euro-
pean  Economic  Community  and  in particular  to 
Articles  87 and 235  thereof; 
Having  regard  to the proposal  from  the Commission; 
Having  regard  to the  Opinion  of the  European 
Parliament; 
Having  regard  to the Opinion  of the Economic  and 
Social  Committee; 
Whereas,  for  the  achievement  of the  objectives  of 
the Treaty  establishing  the European  Economic  Com-
munity,  Article  3 (f) requires  the  Community  to 
institute  'a system  ensuring  that  competition  in the 
common  market  is not distorted'; 
Whereas  analysis  of market  structures  in the Com-
munity  shows  that  the  concentration  process  is be-
coming  faster  and  that  the  degree  of concentration 
is growing  in such  manner  that  the preservation  of 
effective  competition  in the common  market  and  the 
objective  set out in Article  3 (f) could  be jeopardized; 
Whereas  concentration  must  therefore  be made  sub-
ject to a systematic  control  arrangement; 
Whereas  the  Treaty  already  provides  some  powers 
of action  of the Community  to this  end; Whereas  Article  86 applies  to concentrations  effected 
by undertakings  holding  a dominant  position  in the 
common  market  or in a substantial  part  of it which 
strengthen  such  position  to such  an extend  that  the 
resulting  degree  of dominance  would  substantially 
restrict  competition; 
Whereas  the power  of action  aforesaid  extends  only 
to such  concentrations,  as would  result  in only  under-
takings  remaining  in the  market  whose  conduct 
depended  on the undertaking  which  had  effected  the 
concentration;  whereas  it does  not  extend  to the 
prevention  of such  concentrations; 
Whereas  additional  powers  of action  must  be pro-
vided  for to make  it possible  to act against  other  con-
centrations  which  may  distort  competition  in the 
common  market  and  to establish  arrangements  for 
controlling  them  before  they  are effected; 
Whereas  under  Article  235  of the  Treaty  the Com-
munity  may  give  itself  the powers  of action  necessary 
for the attainment  of its objectives; 
Whereas,  to institute  a system  ensuring  that  com-
petition  in the common  market  is not distorted,  it is 
necessary,  in so far as trade  between  Member  States 
may be affected,  to submit  to control  arrangements 
such concentrations  which  give  undertakings  the 
power  to prevent  effective  competition  in the com-
mon market  or in a substantial  part  of it, or which 
strengthen  such  a power; 
Whereas  the power  to prevent  effective  competition 
must  be appraised  by reference,  in particular,  to the 
No C 92/2 Official  Journal  of the European  Communities 31.10.  73 
scope  for choice  available  to suppliers  and consumers, 
the economic  and  financial  power  of the undertakings 
concerned,  the structure  of the markets  affected  and 
supply  and  demand  trends  for the relevant  goods  or 
services; 
Whereas  concentrations  which,  by reason  of the 
small  significance  of turnover  and  market  share  of 
the undertakings  concerned,  are not likely  to impede 
the preservation  of effective  competition  in the com-
mon market  may  be excluded  from  this  Regulation; 
Whereas  it may  be found  necessary,  for the purpose 
of reconciling  objectives  to be attained  in the  com-
mon interest  of the Community,  especially  within  the 
frame  of common  policies,  to exempt  certain  con-
centrations  from  incompatibility,  under  conditions 
and obligations  to be determined  case  by case; 
Whereas  the Commission  should  be entitled  to take 
decisions  to prevent  or terminate  concentrations 
which  are  incompatible  with  the  common  market, 
decisions  designed  to re-establish  conditions  of effec-
tive competition  and  decisions  declaring  that  a parti-
cular  concentration  may  be considered  to be compat-
ible with  the  common  market;  whereas  the  Com-
mission  should  be given  exclusive  jurisdiction  in this 
matter,  subject  to review  by the Court  of Justice; 
Whereas,  to ensure  effective  supervision,  prior  noti-
fication  of major  concentrations  and  the  suspension 
of concentrations  by undertakings  should  be made 
obligatory; 
Whereas  a time  limit  within  which  the  Commission 
must  commence  proceedings  in respect  of a concen-
tration  notified  to it and  a time-limit  within  which 
it must  give  a final  decision  on the incompatibility  of 
a concentration  with  the  common  market  should 
be laid  down; 
Whereas  undertakings  concerned  must  be accorded 
the right  to be heard  by the Commission  as soon  as 
proceedings  have  commenced,  and  third  parties 
showing  a sufficient  interest  must  be given  the 
opportunity  of submitting  their  comments; 
Whereas  the  Commission  must  have  the  assistance 
of the Member  States  and  must  also  be empowered 
to require  information  to be given  and  to carry  out 
the necessary  investigations  in order  to examine  con-
concentrations  in the  light  of provisions  of this 
Regulation; Whereas  compliance  with  this  Regulation  must  be 
enforceable  by means  of fines  and  periodic  penalty 
payments;  whereas  it is desirable  to confer  upon  the 
Court  of Justice,  pursuant  to Article  172,  unlimited 
jurisdiction  to that  extent; 
Whereas  this  Regulation  should  extend  both  to con-
centrations  which  constitute  abuses  of dominant 
positions  and  to concentrations  which  give  the under-
takings  concerned  the  power  to prevent  effective 
competition  in the  common  market;  whereas  it 
should  therefore  be stipulated  that  Regulations  (EEC) 
Nos 17 and  1017/68  no longer  apply  to concentra-
tions  from  the date  of entry  into  force  of the present 
Regulation, 
HAS  ADOPTED  THIS  REGULATION: 
Basic  provisions 
Article  1 
1. Any  transaction  which  has  the direct  or indirect 
effect  of bringing  about  a concentration  between 
undertakings  or groups  of undertakings,  at least  one 
of which  is established  in the common  market,  where-
by they  acquire  or enhance  the  power  to hinder 
effective  competition  in the  common  market  or in 
a substancial  part  thereof,  is incompatible  with  the 
common  market  in so far as the concentration  may 
affect  trade  between  Member  States. 
The power  to hinder  effective  competition  shall  be 
appraised  by reference  in particular  to the extent  to 
which  suppliers  and  consumers  have  a possibility  of 
choice,  to the  economic  and  financial  power  of the 
undertakings  concerned,  to the structure  of the mar-
kets affected,  and  to supply  and  demand  trends  for 
the relevant  goods  or services. 
2. Paragraph  1 shall  not apply  where: 
— the  aggregate  turnover  of the  undertakings  par-
ticipating  in the  concentration  is less  than  200 
million  units  of account  and 
— the  goods  or services  concerned  by the  concen-
tration  do not  account  in any  Member  State  for 
more  than  25 % of the turnover  in identical  goods 
or services  or in goods  or services  which,  by 
reason  of their  characteristics,  their  price  and 
31.10.  73 Official  Journal  of the European  Communities No C 92/3 
the use  for  which  they  .are  intended,  may  be 
regarded  as similar  by the consumer. 
3. Paragraph  1 may,  however,  be declared  inapplic-
able to concentrations  which  are indispensable  to the 
attainment  of an objective  which  is given  priority 
treatment  in the common  interest  of the Community. 
Article  2 
Definition  of concentration 
1. The  concentrations  referred  to in Article  1 are 
those  whereby  a person  or an undertaking  or a group 
of persons  or undertakings,  acquires  control  of one or 
several  undertakings. 
2. Control  is constituted  by rights  or contracts 
which,  either  separately  or jointly,  and  having  regard 
to the considerations  of fact  or law  involved,  make 
it possible  to determine  how  an undertaking  shall 
operate,  and particularly  by: 
(1) Ownership  or the right  to use all or part  of the 
assets  of an undertaking; 
(2) Rights  or contracts  which  confer  power  to in-
fluence  the composition,  voting  or decisions  of 
the organs  of an undertaking; 
(3) Rights  or contracts  which  make  it possible  to 
manage  the business  of an undertaking; 
(4) Contracts  made  with  an undertaking  concerning 
the computation  or appropriation  of its profits; 
(5) Contracts  made  with  an undertaking  concerning 
the whole  or an important  part  of supplies  or 
outlets,  where  the duration  of these  contracts  or 
the quantities  to which  they  relate  exceed  what 
is usual  in commercial  contracts  dealing  with 
those  matters. 
3. Control  is acquired  by persons,  undertakings  or 
groups  of persons  or undertakings  who: 
(1) Are  holders  of the  rights  or entitled  to rights 
under  the contracts  concerned; 
(2) While  not being  holders  of such  rights  or entitled 
to rights  under  such  contracts,  have  power  to 
exercise  the rights  deriving  therefrom; 
(3) In a fiduciary  capacity  own  assets  of an under-
taking  or shares  in an undertaking,  and  have 
power  to exercise  the  rights  attaching  thereto. 4. Control  of an undertaking  is not  constituted 
where,  upon  formation  of an undertaking  or increase 
of its capital,  banks  or financial  institutions  acquire 
shares  in that  undertaking  with  a view  to selling  them 
on the market,  provided  that  they  do not  exercise 
voting  rights  in respect  of those  shares. 
Article  3 
Powers  of decision  of the Commission 
1. When  the Commission  finds  that  a concentration 
is caught  by Article  1 (1) and  that  the conditions 
laid down  in Article  1 (3) are not satisfied,  it shall 
issue  a decision  declaring  the  concentration  to be 
incompatible  with  the common  market. 
2. The  decision  by which  the Commission  declares 
a concentration  to be incompatible  within  the mean-
ing of paragraph  1 shall  not  automatically  render 
null and  void  the legal  transactions  relating  to such 
operation. 
3. Where  a concentration  has already  been  put into 
effect,  the  Commission  may  require,  by decision 
taken  under  paragraph  1 of by a separate  decision, 
the undertakings,  or assets  acquired  or concentrated 
to be separated  or the cessation  of common  control 
or any  other  action  that  may  be appropriate  in order 
to restore  conditions  of effective  competition. 
4. When  the Commission  finds  that  a concentration 
is caught  by Article  1 (1) and that  the conditions  laid 
down  in Article  1 (3) are satisfied,  it shall  issue  a 
decision  declaring  Article  1 (1) to be inapplicable; 
conditions  and  obligations  may  be attached  thereto. 
5. Subject  to review  by the  Court  of Justice,  the 
Commission  shall  have  sole  power  to take  the de-
cisions  provided  for in this Article. 
Article  4 
Prior  notifications  of concentrations 
1. Concentrations  shall  be notified  to the Commis-
sion before  they  are put into  effect,  where  the aggre-
gate turnover  of the undertakings  concerned'  is not 
less than  one thousand  million  units  of account. 
2. Where  concentrations  proposed  by an undertak-
ing or a group  of undertakings  have  already  reached 
or exceeded  the amounts  referred  to in paragraph  1, 
they shall  be exempted  from  the obligation  of prior 
notification,  if the turnover  of the undertaking,  the 
No C 92/4 Official  Journal  of the European  Communities 31.10.  73 
control  of which  they  propose  to acquire  is less  than 
30 million  units  of account. 
3. The  obligation  to notify  shall  be discharged  by 
the person  or undertaking  or the  group  of persons 
or undertakings  which  proposes  to acquire  control 
within  the meaning  of Article  2. 
4. Concentrations  which  are  not  caught  by para-
graph  1 may  nevertheless  be notified  to the Commis-
sion before  they  are put into  effect. 
Article  S 
Detailed  rules  for calculating  turnover 
and market  shares 
1. (a)  The  aggregate  turnover  specified  in Articles 
1 (2)  and  4 (1) shall  be obtained  by adding 
together  the  turnover  for  the  last  financial 
year for all goods  and  services  of: 
(i) the  undertakings  participating  in the con-
centration; 
(ii) the  undertakings  and  groups  of under-
takings  which  control  the  undertakings 
participating  in the  concentration  within 
the meaning  of Article  2; 
(iii) the  undertakings  or groups  of undertak-
ings controlled  within  the  meaning  of 
Article  2 by the  undertakings  participat-
ing in the concentration. 
(b) The  market  shares  referred  to in Article  1 (2) 
near  those  held  in the  last  financial  year  by 
all the  undertakings  listed  in subparagraph 
(a) above. 
2. In place  of turnover  as specified  in Articles  1 (2) 
and 4 (1)  and  in paragraph  1 of this  Article,  the 
following  shall  be used: 
— for  banking  and  financial  institutions:  one  tenth 
of their  assets; 
— for  insurance  companies:  the  value  of the  pre-
miums  received  by them. 
Article  6 
Commencement  of proceedings 
1. Where  the  Commission  considers  that  a concen-
tration  is likely  to become  the  subject  of a decision 
under  Article  1 (1) or (3),  it shall  commence  pro-
ceedings  and  so inform  the undertakings  in question 
and the  competent  authorities  in the Member  States. 
2. As  regards  concentrations  notified  to it, the Com-
mission  shall  commence  proceedings  within  a period not exceeding  3 months  unless  the  relevant  under-
takings  agree  to extend  that  period.  The  period  of 
3 months  shall  commence  on the  day  following  re-
ceipt  of the  notification,  or if the  information  to be 
supplied  with  the  notification  is incomplete,  on the 
day following  the receipt  of the complete  information. 
3. The  Commission  may  commence  proceedings 
after  the  expiry  of the  3 months  period  where  the 
information  supplied  by  the  undertakings  in the 
notification  is false  or misleading. 
4. Without  prejudice  to paragraph  3 a concentration 
notified  to the  Commission  shall  be presumed  to be 
compatible  with  the  common  market  if the  Com-
mission  does  not  commence  proceedings  before  ex-
piration  of the period  specified  in paragraph  2. 
Article  7 
Suspension  of the effecting  of the concentration 
1. Undertakings  shall  not  put  into  effect  a concen-
tration  notified  to the  Commission  before  the  end 
of the  time  limit  provided  for in Article  6 (2) unless 
the Commission  informs  them  before  the end  of the 
time  limit  that  it is not  necessary  to commence  pro-
ceedings. 
2. Where  the  Commission  commences  proceedings 
it may  by decision  require  the  undertakings  to sus-
pend  the  concentration  until  it has  decided  whether 
the concentration  is compatible  with  the  common 
market  or has closed  the proceedings. 
Article  8 
Communications  of objections  and  hearings 
1. Before  taking  decisions  as provided  for in Articles 
3, 7, 13 and  14, the Commission  shall  give  the under-
takings  concerned  the opportunity  of being  heard  on 
the matters  to which  the  Commission  has  taken 
objection.  The  same  opportunity  shall  be given  to 
associations  of undertakings  concerned  before  de-
cisions  before  being  taken  as provided  for in Articles 
13 and  14. 
2. If the  Commission  or the  competent  authorities 
of the Member  States  consider  it necessary,  the Com-
mission  may  also  hear  other  natural  or legal  persons. 
Applications  to be heard  on the part  of such  persons 
shall,  where  they  show  a sufficient  interest,  be 
granted. 
3. Articles  2, 3, 4, 7, 8, 9, 10 and  11 of Regulation 
No 99/63/EEC  shall  be applied. 
31.10.  73 Official  Journal  of the European  Communities No C 92/5 
Article  9 
Closure  of proceedings 
If, after  having  commenced  proceedings,  the  Com-
mission  considers  that  there  are no grounds  for action 
against  a concentration,  it shall  close  the proceedings 
and so inform  the  undertakings  concerned  and  the 
competent  authorities  of the Member  States. 
Article  10 
Requests  for information 
1. In carrying  out  the  duties  assigned  to it by this 
Regulation,  the Commission  may  obtain  all necessary 
information  from  the  governments  and  competent 
authorities  of the  Member  States  and  from  under-
takings  and  associations  of undertakings. 
2. When  sending  a request  for  information  to an 
undertaking  or association  of undertakings,  the Com-
mission  shall  at the same  time  forward  a copy  of the 
request  to the  competent  authority  of the  Member 
State  in whose  territory  the  seat  of the  undertaking 
or association  of undertakings  is situated. 
3. In its request  the Commission  shall  state  the legal 
basis  and  the  purpose  of the  request  and  also  the 
penalties  provided  for  in Article  13 (1) (b) for  sup-
plying  incorrect  information. 
4. The  owners  of the undertakings  or their  represen-
tatives  and,  in the ease  of legal  persons,  companies  or 
firms,  or of associations  having  no legal  personality, 
the persons  authorized  to represent  them  by law  or 
by their  constitution,  shall  supply  the  information 
requested. 
5. Where  an undertaking  or association  of under-
takings  does  not  supply  the  information  requested 
within  the  time  limit  fixed  by the  Commission,  or 
supplies  incomplete  information,  the  Commission 
shall  by decision  require  the  information  to be sup-
plied.  The  decision  shall  specify  what  information  is 
required,  fix an appropriate  time  limit  within  which 
it is to be supplied  and  mention  the  penalties  pro-
vided  for in Article  13 (1) (b) and  Article  14 (1) (a) 
and the  right  to have  the  decision  reviewed  by the 
Court  of Justice. 
6. The  Commission  shall  at the  same  time  forward 
a copy  of its decision  to the  competent  authority  of 
the Member  State  in whose  territory  the  seat  of the 
undertaking  or association  of undertakings  is situated. Article  11 
Investigations  by the authorities  of the Member  States 
1. At  the request  of the  Commission,  the competent 
authorities  of the Member  States  shall  undertake  the 
investigations  which  the  Commission  considers  to be 
necessary  under  Article  12 (1), or which  it has ordered 
by decision  pursuant  to Article  12 (3).  The  officials 
of the  competent  authorities  of the  Member  States 
responsible  for  conducting  these  investigations  shall 
exercise  their  powers  upon  production  of an authoriz-
ation  in writing  issued  by the competent  authority  of 
the Member  State  in whose  territory  the investigation 
is to be made.  Such  authorization  shall  specify  the 
subject  matter  and  purpose  of the investigation. 
2. If so requested  by the Commission  or by the com-
petent  authority  of the  Member  State  in whose  terri-
tory the  investigation  is to be made,  officials  of the 
Commission  may  assist  the officials  of such  authority 
in carrying  out their  duties. 
Article  12 
Investigating  powers  of the Commission 
1. In carrying  out  the  duties  assigned  to it by this 
Regulation,  the  Commission  may  undertake  all 
necessary  investigations  into  undertakings  and  associ-
ations  of undertakings. 
To this  end  the  officials  authorized  by the  Com-
mission  are empowered: 
(a) to examine  the books  and  other  business  records; 
(b) to take  or demand  copies  of or extracts  from  the 
books  and  business  records; 
(c) to ask for oral  explanations  on the spot; 
(d) to enter  any  premises,  land  and  means  of trans-
port of undertakings. 
2. The  officials  of the  Commission  authorized  to 
carry  out  these  investigations  shall  exercise  their 
powers  upon  production  of an authorization  in writ-
ing specifying  the subject  matter  and  purpose  of the 
investigation  and  the penalties  provided  for in Article 
13 (1) (c) in cases  where  production  of the  required 
books  or other  business  records  is incomplete.  In 
good  time  before  the  investigation,  the  Commission 
shall  inform  the competent  authority  of the Member 
State  in whose  territory  the  investigation  is to be 
No C 92/6 Official  Journal  of the European  Communities 31.10.  73 
made  of the investigation  and  of the identity  of the 
authorized  officials. 
3. Undertakings  and  associations  of undertakings 
shall  submit  to investigations  ordered  by decision  of 
the Commission.  The  decision  shall  specify  the sub-
ject matter  and  purpose  of the investigation,  appoint 
the date  on which  it is to begin  and  indicate  the 
penalties  provided  for in Article  13 (1) (c) and  Article 
14 (1) (b) and  the right  to have  the decision  reviewed 
by the Court  of Justice. 
4. The  Commission  shall  take  decisions  referred  to 
in paragraph  3 after  consultation  with  the competent 
authority  of the Member  State  in whose  territory  the 
investigation  is to be made. 
5. Officials  of the competent  authority  of the Mem-
ber State  in whose  territory  the investigation  is to be 
made  may,  at the request  of such  authority  or of the 
Commission,  assist  the  officials  of the  Commission 
in carrying  out their  duties. 
6. Where  an undertaking  opposes  an investigation 
ordered  pursuant  to this  Article,  the Member  State 
concerned  shall  afford  the necessary  assistance  to the 
officials  authorized  by the  Commission  to enable 
them  to make  their  investigation.  Member  States 
shall,  after  consultation  with  the Commission,  take 
the necessary  measures  to this  end before 
Article  13 
Fines 
1. The  Commission  may  by decision  impose  on 
undertakings  and  associations  of undertakings  fines 
of from  1 000 to 50 000 units  of account  where 
intentionally  or negligently: 
(a) they  supply  incorrect  or misleading  information 
in a notification  pursuant  to Article  4; 
(b) they  supply  incorrect  information  in response  to 
a request  made  pursuant  to Article  10 or fail  to 
supply  information  within  the time  limit  fixed  by 
a decision  taken  pursuant  to Article  10, 
(c) they  produce  the required  books  or other  business 
records  in incomplete  form  during  investigations 
under  Article  11 or 12, or refuse  to submit  to an 
investigation  ordered  by decision  taken  pursuant 
to Article  12. 
2. The  Commission  may  by decision  impose  on 
natural  or legal  persons  fines  of from  1 000 to 1 000 000 units  of account  where,  either  intentionally 
or negligently,  they  commit  a breach  of the obligation 
to notify  under  Article  4. 
3. The  Commission  may  by decision  impose  fines 
not exceeding  10 % of the value  of the reorganized 
assets  where  undertakings  either  intentionally  or neg-
ligently,  conclude  an unlawful  concentration  before 
the end  of the time  limit  provided  for in Article  6 (2) 
or in spite  of a decision  taken  by the Commission 
under  Articles  3 (1) or 7 (2). 
Article  14 
Periodic  penalty  payments 
1. The  Commission  may  by decision  impose  on 
undertakings  or associations  of undertakings  periodic 
penalty  payments  up to 25 000 units  of account  for 
each  day  of the  delay  calculated  from  the date  ap-
pointed  by the decision,  in order  to compel  them: 
(a) to supply  complete  and  correct  information  which 
it has  requested  by decision  taken  pursuant  to 
Article  10; 
(b) to submit  to an investigation  which  it has ordered 
by decision  taken  pursuant  to Article  12. 
2. The  Commission  may  by decision  impose  on 
such undertakings  periodic  penalty  payments  up to 
50 000 units  of account  for each  day  of the  delay, 
calculated  from  the day  appointed  by the  decision, 
in order  to compel  them  to apply  the measures  result-
ing from  a decision  taken  pursuant  to Article  3 (3). 
Article  15 
Review  by the Court  of Justice 
The Court  of Justice  shall  have  unlimited  jurisdiction 
within  the  meaning  of Article  17 of the  Treaty  to 
review  decisions  whereby  the Commission  has  fixed 
a fine  or periodic  penalty  payment;  it may  cancel, 
reduce  or increase  the fine  or periodic  penalty  pay-
ment  imposed. 
Article  16 
Professional  secrecy 
1. Information  acquired  as a result  of the application 
of Articles  10, 11 and  12 shall  be used  only  for the 
purpose  of the relevant  request  or investigation. 
31.10.  73 Official  Journal  of the European  Communities No C 92/7 
2. The  Commission  and  the  competent  authorities 
of the  Member  States,  their  officials  and  other  ser-
vants  shall  not  disclose  information  acquired  by 
them  as a result  of the application  of this  Regulation 
and of the  kind  covered  by the  obligation  of pro-
fessional  secrecy. 
3. The  provisions  of paragraphs  1 and  2 shall  not 
prevent  publication  of general  information  or sur-
veys  which  do not  contain  information  relating  to 
particular  undertakings  or associations  of under-
takings. 
Article  17 
Time  limits  and  publication  of decisions 
1. (a)  Decisions  under  Article  3 (1) and  (4) shall  be 
taken  within  9 months  following  the date  of 
commencement  of proceedings,  save  where 
there  is agreement  with  the  relevant  under-
takings  to extend  that  period. 
(b) The  period  of 9 months  shall  not apply  where 
the Commission  is obliged  to request  infor-
mation  by decision  taken  pursuant  to Article 
10 or require  an investigation  by  decision 
taken  pursuant  to Article  12. 
2. The  Commission  shall  publish  the  decisions 
which  it takes  pursuant  to Article  3. 
3. The  publication  shall  state  the names  of the  par-
ties and  the  main  content  of the  decision;  it shall 
have  regard  to the legitimate  interest  of undertakings 
in the protection  of their  business  secrets. 
Article  18 
Unit  of account 
For the purpose  of this  Regulation  the unit  of account 
shall  be that  used  in drawing  up the  budget  of the 
Community  in accordance  with  Articles  207  and  209 
of the Treaty. 
Article  19 
Liaison  with  the authorities  of the Member  States 
1. The  Commission  shall  forthwith  transmit  to the 
competent  authorities  of the  Member  States  a copy 
of the notifications  together  with  the most  important 
documents  lodged  with  the  Commission  pursuant  to 
this Regulation. 2. The  Commission  shall  carry  out  the  procedure 
set out  in this  Regulation  in close  and  constant 
cooperation  with  the  competent  authorities  of the 
Member  States;  such  authorities  shall  have  the  right 
to express  their  views  upon  that  procedure,  and  in 
particular  to request  the  Commission  to commence 
proceedings  under  Article  6. 
3. The  Advisory  Committee  on Restrictive  Practices 
and Monopolies  shall  be consulted  prior  to the taking 
of any  decision  under  Articles  3, 13 and  14. 
4. The  Advisory  Committee  shall  consist  of officials 
having  responsibility  for  restrictive  practices  and 
monopolies.  Each  Member  State  shall  appoint  an 
official  to represent  it; he may  be replaced  by another 
official  where  he is unable  to act. 
5. Consultation  shall  take  place,  at a meeting  con-
vened  at the  invitation  of the  Commission,  not  ear-
lier than  fourteen  days  following  dispatch  of the 
invitation.  A summary  of the  facts  together  with  the 
most  important  documents  and  a preliminary  draft 
of the  decision  to be taken,  shall  be sent  with  the 
invitation. 
6. The  Committee  may  deliver  an opinion  even  if 
certain  members  are  absent  and  unrepresented.  The 
outcome  of the  consultation  shall  be annexed  to the 
draft  decision.  The  minutes  shall  not be published. 
Article  20 
Exclusive  application  of this  Regulation 
Regulations  (EEC)  No  17  and  1017/68  shall  not 
apply  to the  concentrations  covered  by this  Regu-
lation. 
Article  21 
Implementing  provisions 
The Commission  shall  have  power  to adopt  imple-
menting  provisions  concerning  the form,  content  and 
other  details  of notifications  pursuant  to Article  4 of 
this Regulation. 
Article  22 
This  Regulation  shall  enter  into  force  ...... 
This  Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States.