59In the opinion of the Commission, the appellant relies on a mistaken premiss as the basis of the fourth ground of appeal. The Commission Notice on remedies acceptable under Council Regulation (EEC) No 4064/89 and under Commission Regulation (EC) No 447/98 (OJ 2001 C 68, p. 3, ‘the Remedies Notice’), refers only to the ‘restoration’ and ‘maintenance’ of competition, so that those remedies can ensure that a degree of competition, which existed before the concentration concerned, is maintained or restored. However, in no circumstances can there be any question of improving that level of competition, in a form of market engineering or economic planning.
11 judgesV. Skouris, K. Lenaerts, A. Tizzano, R. Silva de Lapuerta, A. Rosas, M. Berger, E. Jarašiūnas, E. Juhász, J.C. Bonichot, A. Prechal, C.G. Fernlund