455As regards commitments which are submitted out of time, it is apparent from point 43 of the Notice on remedies acceptable under the former merger regulation and under Commission Regulation (EC) No 447/98 (OJ 2001 C 68, p. 3) (‘the notice on remedies’), whose approach was adopted by the Commission in the present case as regards the merger regulation and Regulation No 802/2004, that the parties to a notified concentration may have such commitments taken into account subject to two cumulative conditions, namely, first, that those commitments clearly and without the need for further investigation resolve the competition concerns previously identified and, secondly, that there is sufficient time to consult the Member States on those commitments (see with regard to the former merger regulation EDP v Commission, paragraph 28 above, paragraph 163, and My Travel v Commission, paragraph 448 above, paragraph 127).
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