Thursday, July 30, 2020
This article considers the law and practice relating to "gun-jumping" in EU merger or concentration control. It considers (a) the failure to notify concentrations to the European Commission and (b) the improper implementation of the transaction before Commission clearance. The article describes the legislation and then traces the evolution of the case law. It also advocates the need for further analysis aimed at (a) seeking to bring precision to the circumstances in which notification is necessary, (b) giving more exact guidance about what constitutes proper and improper implementation and (c) focusing on whether the level of Commission fines for gun-jumping are appropriate in all the circumstances.