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A&O Shearman

To Control or Not to Control? That Is the Question

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The “standstill obligation” under Article 7 of the Regulation 139/2004 on Merger Control (EUMR) prevents parties from implementing their transaction before receiving merger clearance from the European Commission (EC). Failure...more

BCLP

European Court of Justice Clarifies Scope of Gun Jumping Prohibition

BCLP on

Over the last year, we have noted an increased crackdown by competition agencies on so-called “gun jumping” – that is, the implementation of a merger before mandatory merger clearances are received. On 31 May 2018, the...more

BCLP

EU Court clarifies the scope of gun jumping under EU Law

BCLP on

One of the key concerns of merging parties in any transaction is the steps they are allowed to take prior to the clearance of the merger. A recent case before the Court of Justice of the European Union (Case C-633/16 Ernst &...more

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