Decisions granting, renewing, amending, refusing or revoking an authorization shall be  published together with the reasons therefor, the restrictions imposed by the second paragraph  of Article 47 shall not apply thereto.

3. The Commission may, as provided in Article 47, obtain any information needed for the  application of this Article, either by making a special request to the parties concerned or by  means of regulations stating the kinds of agreement, decision or practice which must be  communicated to it.

4. Any agreement or decision prohibited by paragraph 1 of this Article shall be automatically  void and may not be relied upon before any court or tribunal in the Member States.

The Commission shall have sole jurisdiction, subject to the right to bring actions before the  Court, to rule whether any such agreement or decision is compatible with this Article.

5. On any undertaking which has entered into an agreement which is automatically void, or  has enforced or attempted to enforce, by arbitration, penalty, boycott or any other means, an  agreement or decision which is automatically void or an agreement for which authorization  has been refused or revoked, or has obtained an authorization by means of information which  it knew to be false or misleading, or has engaged in practices prohibited by paragraph 1 of this  Article, the Commission may impose fines or periodic penalty payments not exceeding twice  the turnover on the products which were the subject of the agreement, decision or practice  prohibited by this Article; if, however, the purpose of the agreement, decision or practice is to  restrict production, technical development or investment, this maximum may be raised to 10%  of the annual turnover of the undertakings in question in the case of fines, and 20% of the  daily turnover in the case of periodic penalty payments.

Article 66  

1. Any transaction shall require the prior authorization of the Commission, subject to the  provisions of paragraph 3 of this Article, if it has in itself the direct or indirect effect of  bringing about within the territories referred to in the first paragraph of Article 79, as a result  of action by any person or undertaking or group of persons or undertakings, a concentration  between undertakings at least one of which is covered by Article 80, whether the transaction  concerns a single product or a number of different products, and whether it is effected by  merger, acquisition of shares or parts of the undertaking or assets, loan, contract or any other  means of control. For the purpose of applying these provisions, the Commission shall, by  regulations made after consulting the Council, define what constitutes control of an  undertaking.

2. The Commission shall grant the authorization referred to in the preceding paragraph if it  finds that the proposed transaction will not give to the persons or undertakings concerned the  power, in respect of the product or products within its jurisdiction:

• To determine prices, to control or restrict production or distribution or to hinder  effective competition in a substantial part of the market for those products; or
• To evade the rules of competition instituted under this Treaty, in particular by  establishing an artificially privileged position involving a substantial advantage in access  to supplies or markets.

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