The Commission may at any time, unless the third paragraph of Article 39 is applied,  take or cause to be taken such interim measures of protection as it may consider necessary to  safeguard the interests of competing undertaking and of third parties, and to forestall any  step which might hinder the implementation of its decisions. Unless the Court decides  otherwise, proceedings shall not have suspensory effect in respect of such interim measures.

The Commission shall allow the parties concerned a reasonable period in which to comply  with its decisions, on expiration of which it may impose daily penalty payments not  exceeding one tenth of'1% of the value of the rights or assets in question.

Furthermore, if the parties concerned do not fulfil their obligations, the Commission shall  itself take steps to implement its decision; it may in particular suspend the exercise, in  undertakings within its jurisdiction, of the rights attached to the assets acquired irregularly,  obtain the appointment by the judicial authorities of a receiver of such assets, organize the  forced sale of such assets subject to the protection of the legitimate interests of their owners,  and annul with respect to natural or legal persons who have acquired the rights or assets in  question through the unlawful transaction, the acts, decisions, resolutions or proceedings of  the supervisory and managing bodies or undertakings over which control has been obtained  irregularly.

The Commission is also empowered to make such recommendations to the Member States  concerned as may be necessary to ensure that the measures provided for in the preceding  subparagraphs are implemented under their own law.

In the exercise of its powers, the Commission shall take account of the rights of third parties  which have been acquired in good faith.

6. The Commission may impose fines not exceeding:

• 3% of the value of the assets acquired or regrouped or to be acquired or regrouped, on  natural or legal persons who have evaded the obligations laid down in paragraph 4;
• 10% of the value of the assets acquired or regrouped, on natural or legal persons who  have evaded the obligations laid down in paragraph 1; this maximum shall be increased by  one twenty fourth for each month which elapses after the end of the 12th month following  completion of the transaction until the Commission establishes that there has been an  infringement;
• 10% of the value of the assets acquired or regrouped or to be acquired or regrouped, on  natural or legal persons who have obtained or attempted to obtain authorization under  paragraph 2 by means of false or misleading information;
• 15% of the value of the assets acquired or regrouped, on undertakings within its  jurisdiction which have engaged in or been party to transactions contrary to the provisions  of this Article.

Persons fined under this paragraph may appeal to the Court as provided in Article 36.

7. If the Commission finds that public or private undertakings which, in law or in fact, hold or  acquire in the market for one of the products within its jurisdiction a dominant position  shielding them against effective competition in a substantial part of the common market are  using that position for purposes contrary to the objectives of this Treaty, it shall make to them  such recommendations as may be appropriate to prevent the position from being so used. If

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