Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Wednesday, April 23, 2014

Gun Jumping?

With my semester finally done, I can devote more time to following events as they happen.  Asia is a particular focus, especially given the great upcoming ABA Antitrust in China conference next month. 

I noticed with great interest this post on the Microsoft Blog by GC Brad Smith:

Today we are excited to share that we have completed the steps necessary to finalize Microsoft’s acquisition of the Nokia Devices and Services business. The transaction will be completed this Friday, April 25, when we’ll officially welcome the Nokia Devices and Services business as part of the Microsoft family.

Given that the Microsoft/Nokia deal has not closed in Korea, is this possible gun-jumping by Microsoft?

One thing to watch when the KFTC makes its decision is the difference in treatment in terms of remedies between Asian jurisdictions (Taiwan and China) versus the US and EU, where the merger was cleared without conditions. Will Korea follow the Asian model?

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