The EU Commission sends a statement of objections to a company to investigate whether a merger was implemented prior to the Commission’s clearance (Altice)

When a transaction meets the thresholds of the EU Merger Regulation, companies must notify and obtain clearance from the European Commission before implementing the transaction. [1] This means that until clearance is obtained, companies should continue to operate independently (including separately determining prices, bidding for contracts and dealing with customers). Prematurely completing a transaction or taking steps towards integrating a business without prior merger approval may amount to “gun-jumping” in the EU and many other mandatory merger clearance regimes in the world. In the EU, such conduct has started to become a real enforcement focus for the first time [2] and in theory it can lead to very significant fines of up to 10% of a company’s aggregate

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

Quotation

Geert Goeteyn, Matthew Readings, James Webber, The EU Commission sends a statement of objections to a company to investigate whether a merger was implemented prior to the Commission’s clearance (Altice), 18 May 2017, e-Competitions Bulletin May 2017, Art. N° 84212

Visites 303

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues