33 Among the new features, we can highlight The guidelines also incorporate sugges- the following: tions taken from the contributions to the public consultation. As such, they take • An extension of the scope of the simpli- into account the preference expressed fied procedure; by companies and their boards to be able to request the appointment of a team to • An update of the section dedicated examine the case prior to the notification to procedural infringements (failure to of the merger. Following this request, the notify, gun jumping) in order to incorpo- information will be communicated to the rate recent advances in decision-making notifying party within 5 workdays. practice and case law; The Autorité also undertakes to ensure • A recast of the section on competitive that a response concerning the comple- analysis which highlights the main crite- teness of the notifications will generally ria for analysis taken into account by the be given within 10 workdays of the notifi- Finally, certain aspects of the presen- Autorité when it examines a transaction, cation. An indicative period of 10 workdays tation of the competitive analysis have regardless of its horizontal, vertical and/is also introduced for confirming whether been clarified and adapted, in particular or conglomerate nature; a transaction can be processed under with regard to the time horizon of the pros- the simplified procedure, which gives the pective analysis. • A section dedicated to the principles notifying party more visibility to organise applicable to remedies (both procedural the timetable for finalising its transaction.Merger Control Guidelines, 23 July 2020 and structural) which sets out the Autorité’s approach in this area and makes compa- … nies aware of the considerations to be taken into account when they propose commitments; • The integration of recent decision- making practice and evolutions in case law on the subject of non-compliancewiht commitments, in order to make compa- THE OBJECTIVE OF nies aware of the importance of complying with the commitments they have made to the Autorité; THE NEW GUIDELINES • Enhanced appendices setting out the IS TO PROVIDE Autorité’s analysis methodology for certain recurring issues: - assessment of the competitive effectsof a transaction on local retail markets;COMPANIES WITH - consideration of the competitive pressure exerted by online sales in certain retail A BETTER UNDERSTANDING sectors; - provision of structural commitments OF THE SCOPE OF MERGER models and mandate agreement models, updated to reflect recent developments in decision-making practice;- clarifications on requests for internalCONTROL, ITS PROCEDURE documents which may be made by the AND CRITERIA. Autorité during investigations. REINVENTING OUR MEANS OF ACTION