Following this examination and evaluation and without prejudice to the measures to be taken immediately by the Member State under this Article and Article 39, the Commission may make observations, particularly regarding the financial impact of any irregularities detected. These observations shall be addressed to the Member State and the managing authority of the assistance concerned. The observations shall be accompanied, where necessary, by requests for corrective measures to remedy the management shortcomings found and correct those irregularities detected which have not already been corrected. The Member State shall have the opportunity to comment on these observations.
Such modifications are more commonly described as "remedies" since their object is to reduce the merging parties' market power and to restore conditions for effective competition which would be distorted as a result of the merger creating or strengthening a dominant position. The guidance set out in this notice reflects the Commission's evolving experience with the assessment, acceptance and implementation of remedies under the Merger Regulation since its entry into force on 21 September 1990. The principles contained here will be applied and further developed and refined by the Commission in individual cases.
