70Major problems arise, on the other hand, where the assets have been sold ‘en bloc’ so as to allow the buyer to continue the beneficiary company's activity. In these circumstances, continuing the subsidised activity could perpetuate the distortion of competition with the result that particular caution is needed in order to prevent the transfer of the beneficiary company's assets allowing the repayment obligation to be evaded by ‘protecting’ those assets. In the view of the Commission, in such a case, evasion can be ruled out only where, in addition to taking place at the market price, the transfer of the beneficiary company's assets ‘en bloc’ is made as part of an unconditional procedure that is open to all the company's competitors. Only in this case are the buyers not required to repay the aid.
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