The Danish Maritime and Commercial Court requests the EU Court of Justice to provide guidance on gun-jumping test (Ernst & Young / KPMG)

CJEU requested to provide guidance on gun-jumping test* With Post Danmark I and II under their belts, it seems Danish courts are punching above their weight when it comes to contributing to the CJEU’s development of EU competition law through preliminary rulings. Yet another interesting reference from a Danish court came in December 2016. Although those hoping for the third part of a trilogy by way of ‘Post Danmark III’ may be disappointed, the subject-matter of this reference concerns something equally interesting and may well serve as helpful for competition law practitioners. The Danish court in question has asked the CJEU for guidance on how to apply the prohibition against pre-implementation of mergers (‘gun jumping’). Background to the case – The Audit Firm War In November 2013,

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Sam MacMahon Baldwin, The Danish Maritime and Commercial Court requests the EU Court of Justice to provide guidance on gun-jumping test (Ernst & Young / KPMG), 7 December 2016, e-Competitions Bulletin December 2016, Art. N° 83312

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