COMPETITION • EUROPEAN LAW • RESTRICTIVE AGREEMENTS
The Commission can make exemptions subject to conditions and obligations requiring the beneficiary of the exemption to do or not to do some action (transferring of assets, allowing access to infrastructures, postponement of implementation of the agreement, confidentiality obligations, limiting the extent of cooperation, pricing policies, etc.), or may confer on the Commission the possibility of continuous supervision of the exempted agreement through obligations to provide information and submit to control.
The Commission has a discretion in this area and has the power to attach obligations to its decisions rather than conditions. Failure to comply with a condition leads to the annulment of the exemption decision.
