In assessing whether this is so, the Commission shall, in accordance with the principle of non  discrimination laid down in Article 4( b ), take account of the size of like undertakings in the  Community, to the extent it considers justified in order to avoid or correct disadvantages  resulting from unequal competitive conditions.

The Commission may make its authorization subject to any conditions which it considers  appropriate for the purposes of this paragraph.

Before ruling on a transaction concerning undertakings at least one of which is not subject to  Article 80, the Commission shall obtain the comments of the governments concerned.

3. The Commission shall exempt from the requirement of prior authorization such classes of  transactions as it finds should, in view of the size of the assets or undertakings concerned,  taken in conjunction with the kind of concentration to be effected, be deemed to meet the  requirements of paragraph 2. Regulations made to this effect, with the assent of the Council,  shall also lay down the conditions governing such exemption.

4.Without prejudice to the application of Article 47 to undertakings within its jurisdiction, the Commission may, either by regulations made after consultation with the Council stating the  kind of transaction to be communicated to it or by a special request under these regulations to  the parties concerned, obtain from the natural or legal persons who have acquired or  regrouped or are intending to acquire or regroup the rights or assets in question any  information needed for the application of this Article concerning transactions liable to  produce the effect referred to in paragraph 1.

5. If a concentration should occur which the Commission finds has been effected contrary to  the provisions of paragraph 1 but which nevertheless meets the requirements of paragraph 2,  the Commission shall make its approval of that concentration subject to payment by the  persons who have acquired or regrouped the rights or assets in question of the fine provided  for in the second subparagraph of paragraph 6; the amount of the fine shall not be less than  half of the maximum determined in that subparagraph should it be clear that authorization  ought to have been applied for. If the fine is not paid, the Commission shall take the steps  hereinafter provided for in respect of concentrations found to be unlawful.

If a concentration should occur which the Commission finds cannot fulfil the general or  specific conditions to which an authorization under paragraph 2 would be subject, the  Commission shall, by means of a reasoned decision, declare the concentration unlawful and,  after giving the parties concerned the opportunity to submit their comments, shall order  separation of the undertakings or assets improperly concentrated or cessation of joint control,  and any other measures which it considers appropriate to return the undertakings or assets in  question to independent operation and restore normal conditions of competition. Any person  directly concerned mayinstitute proceedings against such decisions, as provided in Article 33. By way of derogation from Article 33, the Court shall have unlimited jurisdiction to assess  whether the transaction effected is a concentration within the meaning of paragraph 1 and of  regulations made in application thereof. The institution of proceedings shall have suspensory  effect. Proceedings may not be instituted until the measures provided for above have been  ordered, unless the Commission agrees to the institution of separate proceedings against the  decision declaring the transaction unlawful.

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