73It should also be borne in mind that, contrary to the claim made by the applicant, Regulation No 4064/89 and the Commission Notice on remedies acceptable under Regulation No 4064/89 and under Commission Regulation (EC) No 447/98 (OJ 2001 C 68, p. 3, ‘the Notice on remedies’) draw a distinction between conditions and obligations imposed on undertakings in the procedure for conditional clearance of a concentration. Thus, the second subparagraph of Article 8(2) of Regulation No 4064/89 provides that the Commission ‘may attach to its decision conditions and obligations intended to ensure that the undertakings concerned comply with the commitments they have entered into vis-à-vis the Commission with a view to modifying the original concentration plan’. More specifically, under paragraph 12 of the Notice on remedies, ‘[t]he requirement for achievement of each measure that gives rise to the structural change of the market is a condition — for example, that a business is to be divested’, whilst ‘[t]he implementing steps which are necessary to achieve this result are generally obligations on the parties, e.g. such as the appointment of a trustee with an irrevocable mandate to sell the business’.
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