On 20 October 2008 the Commission has adopted the Regulation No 1033/2008 amending Regulation (EC) No 802/2004 implementing Council Regulation (EC) No 139/2004 on the Control of Concentrations between Undertakings.
A few amendments have been approved by the Regulation. One of the most significant amendments is that from now on the undertakings concerned or the Commission upon request of the parties of undertakings concerned may appoint the trustee (or trustees) assisting the Commission in overseeing the parties' compliance with the commitments or having a mandate to implement the commitments, taken by the parties, when the Commission declares that the concentration planned is compatible with the common market. Such a trustee is appointed at the expense of undertakings concerned. The trustee carries out its tasks under the supervision of the Commission.
Whereas in the year 2004 the Regulation on the Control of Concentrations between Undertakings has been incorporated in the Agreement of the European Economic Area by the decision of the Joint Committee of European Economic Area, a part of the amendments have been adopted in pursuance to adapt the notification forms, which must be submitted by the undertakings taking place in the concentration.
The Regulation has come into force as from 23 October 2008.