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European Commission Gun-Jumping

BCLP

The Year Ahead for M&A Regulation in Brussels - BCLP’s Top 5 Things to Watch in 2024

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2024 is shaping up to be a year of significant change in Brussels. European Parliamentary elections in June will be followed by the appointment of a new Commission in the autumn....more

Cooley LLP

EU Court of Justice Ruling on M&A ‘Gun-Jumping’ Sets 115 Million-Euro Fine

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Merger review has become an ever more critical path to successful M&A completion, as enforcement agencies, including the European Commission (EC), apply closer scrutiny to potential anti-competitive effects of M&A deals. With...more

White & Case LLP

Gun-jumping in M&A – ECJ confirms the possibility of two separate fines for gun-jumping and the European Commission’s broad...

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On 9 November 2023, the European Court of Justice ("ECJ") confirmed that the European Commission ("EC") was right to impose two separate fines on Altice for breaching standstill rules and failing to notify its acquisition of...more

A&O Shearman

ECJ’s “gun jumping” ruling reminds merging parties of the importance of EU merger control compliance

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The European Court of Justice (ECJ) has (mostly) confirmed the European Commission (EC)’s decision to fine Altice for implementing a transaction prior to its notification and the EC’s merger control clearance....more

WilmerHale

Unprecedented European Commission Order to Unwind an Acquisition

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On October 12, 2023, the European Commission (EC) ordered Illumina to unwind its already completed acquisition of the cancer-test provider GRAIL Inc. This is the first time that the EC has ordered a reversal of an...more

A&O Shearman

Antitrust in focus - July 2023

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European Commission’s record gun-jumping fine on Illumina serves as warning to merging parties - The European Commission (EC) has imposed a fine of around EUR432 million on genomics company Illumina for closing its...more

A&O Shearman

European Commission’s record gun-jumping fine on Illumina serves as warning to merging parties

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The European Commission (EC) has imposed a fine of around EUR432 million on genomics company Illumina for closing its acquisition of blood-based cancer test developer GRAIL before the conclusion of the EC’s merger control...more

Hogan Lovells

Shots fired – AG Opinion supports enforcement of record EU ‘gun-jumping’ fine

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An EU Advocate General has advised that an appeal brought by Altice should be dismissed in its entirety – in effect confirming the validity of a 2018 European Commission decision imposing a record fine on Altice for breaching...more

White & Case LLP

ECJ Advocate General supports the European Commission’s broad interpretation of gun-jumping and the importance of deterrence in...

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Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court's Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants...more

White & Case LLP

French Merger Control Update: Key Takeaways from 2022

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In 2022, the French Competition Authority (the "FCA") maintained a high level of activity, focusing notably on digital markets, which remain one of its key priorities. Last year also brought the first successful failing firm...more

BCLP

The year ahead in Brussels - the European Commission’s expanding scrutiny of M&A

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As we enter 2023, the European Commission is redoubling its efforts to scrutinise transactions on a variety of bases. The focus has been on the digital sector for some time, but the impact of the Commission’s expanding...more

McDermott Will & Emery

International News: Spotlight on Competition Law - September 2022

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UNIQUE GUN-JUMPING CASE SANCTIONED BY FRENCH COMPETITION AUTHORITY - A new European gun-jumping decision, following the European Court of Justice 2022 Marine Harvest judgment, sends a very strong message to companies that...more

White & Case LLP

EU General Court confirms EC decision fining Canon €28 million for gun jumping in warehousing scheme

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On 18 May 2022, the EU General Court (GC) upheld the European Commission's (EC) € 28 million fine imposed on Canon for gun-jumping in the context of a (somewhat unique) so-called warehousing structure. The judgment confirms...more

A&O Shearman

General Court Judgment in Canon – A Victory for Commission Gun-Jumping Enforcement

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On 18 May 2022, the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment,...more

White & Case LLP

Gun-jumping – The French Competition Authority fines COFEPP for failure to notify and completing the transaction before clearance

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The French Competition Authority ("FCA") fines a company for gun-jumping in a case relating to a progressive takeover and de facto control - On 12 April 2022, the FCA fined the Compagnie Financière Européenne de Prises de...more

Skadden, Arps, Slate, Meagher & Flom LLP

Deal Uncertainty Increases as Merger Control Authorities Gain Discretionary Powers of Review

Takeaways - More than 50 countries now have the discretion to conduct competition reviews of mergers below mandatory notification thresholds, and the European Commission, EU member states, the U.K. and others are using...more

McDermott Will & Emery

Affaire Illumina / Grail : La Commission européenne Dit « Pause ! »

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Le 29 octobre 2021, la Commission européenne (« Commission ») a adopté des mesures provisoires dans le cadre d’une enquête de gun-jumping afin d’éviter la réalisation anticipée de l’acquisition de la société américaine Grail...more

McDermott Will & Emery

EU General Court Clarifies Rules on Gun Jumping

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On September 22, 2021, the EU General Court (GC) upheld a decision from the European Commission (Commission) by which it fined telecommunications operator Altice for gun jumping (T-425/18, Altice Europe v Commission). In...more

Hogan Lovells

Gun-jumping: The EU General Court calls the shots

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The EU General Court has issued the latest judgment in a suite of hard-line anti-gun-jumping cases – effectively confirming the European Commission’s 2018 decision imposing a record fine on Altice for breaching EU merger...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Court Confirms Commission’s Highest Fine to Date for Gun-Jumping

On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun-jumping in the acquisition of Portugal Telecom (PT) in 2015. The...more

A&O Shearman

EU General Court backs European Commission’s tough stance on merger control “gun jumping”

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The General Court has largely upheld the European Commission’s decision to fine Altice a record amount for breaching procedural merger control rules in relation to its acquisition of PT Portugal. The ruling will likely...more

White & Case LLP

Veolia/Suez: the European Commission finds no gun-jumping and clarifies the scope of the public bid exemption to the standstill...

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In the midst of the Homeric battle between Veolia and its takeover target, Suez, the European Commission rejects Suez's gun-jumping claim and provides further clarifications on the scope of the exemption to the standstill...more

A&O Shearman

Antitrust in focus - December 2020

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U.S. FTC merger enforcement gathers pace n- This month we have seen a flurry of activity on the merger control front from the U.S. Federal Trade Commission (FTC). Grabbing the headlines is the announcement that the FTC...more

Hogan Lovells

European Court of Justice upholds European Commission's €20 million 'double' fine for gun-jumping merger control clearance

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Norwegian salmon farmer Marine Harvest has been unsuccessful in its appeal to the Court of Justice of the European Union (CJEU) regarding substantial and separate fines imposed on it by the European Commission for both...more

BCLP

The Year Ahead in EU Merger Control: Five Key Trends to Watch

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The dawn of a new year provides a great opportunity to take stock of where EU merger control might go in the next year. In this blog, we outline what we consider to be five key trends to watch out for in EU merger control in...more

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