The EU Court of Justice dismisses the appeal by a seafood company against the Commission’s fine for failure to notify an acquisition (Marine Harvest)

CJEU Confirms Double Trouble for Gun Jumpers* On 4 March 2020, the European Court of Justice (“CJEU”) rendered its judgment in the Marine Harvest case. [1] The CJEU dismissed Marine Harvest’s appeal against a European Commission (“Commission”) decision in which the Commission imposed two separate fines of EUR 10 million each for failure to notify a transaction [2] and for implementing that transaction prior to clearance [3] in violation of the EU Merger Regulation (“EUMR”). The judgment contains important rulings on the notion of a “single concentration” under EU merger control rules and on the application of the principles of “ne bis in idem” and “concurrent offences”. The judgment is a strong reminder that the Commission takes procedural obligations under EU merger control very seriously. The

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Jakob Dewispelaere, The EU Court of Justice dismisses the appeal by a seafood company against the Commission’s fine for failure to notify an acquisition (Marine Harvest), 4 March 2020, e-Competitions March 2020, Art. N° 94735

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