Technical infringements receive stiff fines from the European Commission


Both the Electrabel case and the Marine Harvest case serve as harsh wake-up calls that companies and their antitrust advisers must adopt a high level of caution when analysing whether a transaction must be notified under the EU Merger Regulation (“EUMR”) and approach the European Commission (“Commission”), if in doubt.

In both cases, the Commission imposed stiff fines on companies for breaching the “standstill” obligation contained in Article 7(1) EUMR and, in both cases, the companies were reproached for failing to notify acquisitions of de facto sole control, upon which it can be notoriously difficult to make a call in certain cases...

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  EU, EUMR, European Commission, Infringement, Mergers

Published In: Antitrust & Trade Regulation Updates, General Business Updates, International Trade Updates, Mergers & Acquisitions Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© White & Case LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »