The lecture presents some of the practical aspects of the implementation of commitments in merger cases before the EC and the CMA. The focus is on divestment commitments, and in particular the key stages of their implementation process and some of the practical issues the monitoring trustee deals with. These include ensuring that the divestment business is held separate, ring-fenced and maintained as a marketable, competitive and viable business until the close of the onsale, finding a suitable purchaser for the divestments business and agreeing the terms of sale in accordance with the commitments.
The lecture also covers other types of commitments accepted by competition authorities, including amending commercial contracts and granting access to infrastructure.
Finally, the lecture summarises recent trends in the implementation of commitments. These include the growing popularity of upfront purchaser commitments and increasing cooperation between competition authorities with regard to commitments in multijurisdictional transactions.