96Thus, while it is true that the parties to a merger agreement cannot deprive the Commission of its competence by withdrawing their notification, the Commission must still, when exercising that competence, rule on a real merger transaction and not, following withdrawal of the notification and abandonment of the transaction in the form initially envisaged, on vague intentions of the parties to merge their activities in a modified form in the future, as it has done in the present case.
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