The EU Court of Justice puts an end to the extensive interpretation by some competition authorities of the concept of gun jumping (Ernst & Young)

In its judgment of 31 May 2018 (Case C-633/16, Ernst & Young), the European Court of Justice (ECJ) ruled that the termination of a cooperation agreement in connection with a M&A transaction prior to its clearing under merger control rules does not constitute a gun jumping practice. Considering the increasingly frequent condemnations of gun jumping practices and the willingness of certain competition authorities (in particular the EU Commission (EC)) to follow an excessively severe approach in these matters, the ECJ ruling in this case is highly welcomed . The facts are as follows: KPMG Denmark was member of the KPMG International network based on a cooperation agreement according to which KPMG Denmark was granted different rights (territorial exclusivity, allocation of

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Authors

  • Kramer Levin Naftalis & Frankel (Paris)
  • Kramer Levin Naftalis & Frankel (Paris)

Quotation

Eric David, Marco Plankensteiner, The EU Court of Justice puts an end to the extensive interpretation by some competition authorities of the concept of gun jumping (Ernst & Young), 31 May 2018, e-Competitions Bulletin May 2018, Art. N° 87374

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