The agreements concluded to realise a concentration usually include a number of clauses which, strictly speaking, do not concern the acquisition of control or the change of the quality of control which give rise, within the meaning of Article 3 of the Merger Regulation, to the concentration itself. Some of these clauses may limit the commercial behaviour of the parties in a way which may restrict competition (for example, non-competition clauses). In certain cases, these restrictive clauses may have a particular importance in the economy of the overall transaction, so that such transaction would not take place or would take place only under significantly different commercial conditions in the absence of the clauses in question.
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