Gun jumping

Foreword Gun Jumping in Europe: An Overview of EU and National Case Law

In the last few years, the European Commission and national competition authorities have demonstrated an increased interest in investigating and punishing gun jumping. This development is part of a broader effort by the Commission to tighten its review of compliance with procedural aspects of the EU’s merger control regime.

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Van Bael & Bellis (Brussels)
Belgium 15 articles 18899 visits
Van Bael & Bellis (Brussels)
Belgium 1 article 1703 visits

Mergers

 The Supreme Court of India applies a strict interpretation to the requirement of notifying the Competition Commission prior to the implementation of a merger (Thomas Cook/ Sterling)
Economic Laws Practice (Mumbai)
India 12 articles 1604 visits
On 17 April 2018, the Supreme Court of India (“Supreme Court”) handed down a decision according strict interpretation to the requirement of notifying the Competition Commission of India (‘CCI’) prior to consummation of a combination under the Competition Act, 2002 (“Act”). The Supreme Court set (...)

The US FTC publishes a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger negotiations
Bennett Jones (Washington)
1 article 289 visits
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Jones Day (Washington DC)
United States 2 articles 348 visits
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Jones Day (Washington DC)
United States 8 articles 2382 visits
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In Short The Situation: The Federal Trade Commission ("FTC") recently published a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger negotiations and due diligence. The Risk: Information-sharing (...)

The Romanian Competition Authority fines two companies for implementing a merger before authorization (CRH Ciment / Comnord)
Romanian Competition Council (Bucharest)
Romania 40 articles 6132 visits
The Competition Council has sanctioned 2 companies for implementing a concentration* The Competition Council applied fines of 3,056,314 lei (approx. € 655,904) to the companies CRH Ciment (România) SA and Comnord SA for the implementation of an economic concentration before its authorization by (...)

The EU General Court dismisses an appeal against a Commission decision for implementing acquisition of sole control without first obtaining approval under the EU Merger Regulation (Marine Harvest / Morpol)
Van Bael & Bellis (Brussels)
Belgium 188 articles 35200 visits
On 26 October 2017, the General Court dismissed an appeal by Marine Harvest against a € 20 million fine imposed on it by the Commission for implementing its acquisition of sole control over Morpol without rst obtaining approval under the EU Merger Regulation (see VBB on Competition Law, Volume (...)

The Polish Competition Authority imposes a fine of more than EUR 78,000 on a consumer eggs producer for gun-jumping (Fermy Drobiu Woźniak)
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 6 articles 1605 visits
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WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 18 articles 4364 visits
In its decision of 19 September 2017, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, hereinafter referred to as the “PCA”) fined Fermy Drobiu “Woźniak” sp. z o.o. (hereinafter referred to as the “FDW”) the amount of PLN 339,000.00 (approx. EUR 78,000.00) for failure (...)

The EU Commission sends statements of objection to three undertakings regarding possible breach of EU merger procedural rules (Merck / Sigma-Aldric ; GE / LM Wind ; Canon / Toshiba Medical Systems)
DG COMP (Brussels)
Belgium 372 articles 893897 visits
Mergers: Commission alleges Merck and Sigma-Aldrich, General Electric, and Canon breached EU merger procedural rules* The Commission has sent three separate Statements of Objections to Merck and Sigma-Aldrich, General Electric and Canon alleging they breached EU merger rules: General Electric, (...)

The Polish Competition Authority imposes a fine of more than EUR 124,000 for gun-jumping (Bać-Pol)
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 18 articles 4364 visits
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WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 6 articles 1605 visits
In its decision of 5 June 2017, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) fined Bać-Pol S.A. PLN 527,000.00 (approx. EUR 124,000.00) for failure to notify of the takeover of a portion of assets of another company called Klementynka. The PCA (...)

The EU Commission sends a statement of objections to a company to investigate whether a merger was implemented prior to the Commission’s clearance (Alice / PT Portugal)
Shearman & Sterling (London)
United Kingdom 7 articles 3875 visits
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Shearman & Sterling (Brussels)
Belgium 11 articles 9098 visits
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Shearman & Sterling (Brussels)
Belgium 5 articles 1941 visits
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. This means that until clearance is obtained, companies should continue to operate independently (including (...)

The Chinese MOFCOM rules that a foreign-to-foreign deal "jumped the gun" in breach of antitrust rules (Canon / Toshiba Medical Systems)
Hogan Lovells (Beijing)
China 61 articles 6766 visits
MOFCOM rules that foreign-to-foreign deal "jumped the gun" in breach of antitrust rules* In a decision adopted on 16 December 2016 and made public on 4 January 2017, the Chinese Ministry of Commerce (“MOFCOM“) fined Japanese company Canon for failure to file its acquisition of Toshiba Medical (...)

The Danish Maritime and Commercial Court requests the EU Court of Justice to provide guidance on gun-jumping test (Ernst & Young / KPMG)
Szecskay Attorneys at Law (Budapest)
Denmark 2 articles 523 visits
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 (...)

The French Competition Authority fines a major French telecommunications operator for gun-jumping (Altice)
Jones Day (Brussels)
Belgium 12 articles 23470 visits
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Jones Day (Paris)
France 23 articles 17334 visits
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Jones Day (Paris)
France 3 articles 1113 visits
This week, the French Competition Authority ("FCA") imposed a EUR 80 million fine on the Altice Group, a major French telecommunications operator, for implementing two transactions before approval by the FCA (so-called "gun jumping"). The full text is not yet available, but this decision (...)

The French Competition Authority fines a multinational telecoms company for the premature completion of two mergers (Altice)
French Competition Authority (Paris)
France 433 articles 99925 visits
The Autorité de la concurrence fines the Altice group 80 million euros for the premature completion of two mergers notified in 2014* The Autorité de la concurrence issued a decision today to fine jointly Altice Luxembourg and SFR Group 80 million euros, in application of Section II of Article (...)

The French Competition Authority fines companies for gun-jumping (Altice)
Van Bael & Bellis (Brussels)
Belgium 188 articles 35200 visits
On 8 November 2016, the French Competition Authority (FCA) fined Altice (trading as Numericable) and SFR Group € 80 million for the coordination of commercial behaviour prior to obtaining French merger control clearance. The FCA decision is ground-breaking as it imposes the highest fine ever in (...)

The French Competition Authority publishes its long awaited first decision sanctioning gun jumping practices (Altice / SFR / Virgin)
DLA Piper (Paris)
France 6 articles 14635 visits
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Frieh Associés (Paris)
France 4 articles 1257 visits
In its decision dated 8 November 2016, the French Competition Authority (FCA) describes with much detail its appraisal of a gun jumping infringement. Among the many lessons arising from such decision, one is clearly for future redactors of corporate documentation, another is for top management (...)

The French Competition Authority fines a group and its recently-acquired subsidiaries 80 M € for having coordinated their business strategies and commercial behaviour prior to merger control clearance (Altice)
Hogan Lovells (Paris)
France 4 articles 2280 visits
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Hogan Lovells (Paris)
2 articles 913 visits
This article was first published in Concurrences Review N° 2-2017, Art. N° 83875, pp. 231-239 I. Introduction In November 2016, the French Competition Authority (“FCA”) fined French-based Altice/Numericable group and its recently-acquired telecom subsidiaries SFR and Virgin Mobile France for (...)

The Danish Competition and Consumer Authority refers its first gun-jumping case to the public prosecutor (KPMG / EY)
Gorrissen Federspiel (Copenhagen)
Denmark 5 articles 881 visits
First Danish gun jumping case referred to the public prosecutor* On 11 June 2015 the Danish Competition and Consumer Authority (DCCA) reported Ernst & Young Europe LLP (EY) to the public prosecutor for pre-implementing the merger with the former Danish KPMG member firm (KPMG Denmark). EY (...)

The Brazilian Administrative Council for Economic Defense issues guidelines on gun jumping
Mattos Filho Veiga Filho Marrey Jr & Quiroga (New York)
United States 3 articles 870 visits
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
Brazil 2 articles 433 visits
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
United States 2 articles 773 visits
On May 20, 2015, the Administrative Council for Economic Defense (“CADE”) issued guidelines on gun jumping (“Guidelines”). These Guidelines are not binding on parties involved in transactions that require antitrust approval in Brazil, but they serve as an important guidance for companies and (...)

The Competition Commission of India approves an acquisition pursuant to a shareholders Agreement (Zuari / Mangalore Fertilisers)
Shardul Amarchand Mangaldas (Mumbai)
India 13 articles 2087 visits
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Economic Laws Practice (Mumbai)
India 12 articles 1604 visits
Introduction The Competition Commission of India (“CCI”) has approved the acquisition of Zuari Fertilisers and Chemicals Limited (“ZFCL”); and (b) Zuari Agro Chemicals Limited (“ZACL”), together referred to as the “Acquirers”, in Mangalore Chemicals and Fertilisers Limited (“MCFL”), pursuant to a (...)

The Indian antitrust regulator fines parties for gun jumping (Zuari Fertilisers and Chemicals and Zuari Agro Chemicals)
Lakshmikumaran & Sridharan (New Delhi)
India 6 articles 720 visits
The Competition Act, 2002 (“Act”) read with the attendant Combination Regulations provide for a mandatory notification of the transaction to the Competition Commission of India (“CCI”) provided that threshold limits provided under the Act are met (“combination”). The Act provides for a suspensory (...)

The Romanian Competition Council clears a merger in the banking sector although the parties have realized the merger before clearance (Transilvania Bank / Volksbank Romania)
Romanian Competition Council (Bucharest)
Romania 40 articles 6132 visits
Transilvania Bank can involve in the activity of Volksbank Romania* The Competition Council issued a derogation decision from the provisions of the Competition Law so that Transilvania Bank to involved in the activity of Volksbank Romania and Volksbank Services Romania before obtaining the (...)

The Danish Competition and Consumer Authority holds that companies have pre-implemented a merger under scrutiny, leading to the first case of gun jumping (KPMG / EY)
Gorrissen Federspiel (Copenhagen)
Denmark 5 articles 881 visits
First case on gun jumping in Denmark* By terminating the agreement with KPMG International on the day of signing an agreement to join EY, KPMG Denmark pre-implemented the merger between KPMG Denmark and EY that the Danish Competition and Consumer Authority (DCCA) ruled in December 2014. It is (...)

The Stockholm District Court blocks an already completed merger for the first time (Swedbank Franchise / Svensk Fastighetsförmedling)
Vinge (Stockholm)
Sweden 10 articles 2110 visits
Historic court victory for Swedish Competition Authority* Stockholm District Court blocks the already completed takeover by Swedbank Franchise of Svensk Fastighetsförmedling Sweden’s first court judgment blocking a merger is a major victory for the Swedish Competition Authority. The court’s (...)

The US DOJ obtains $5 millions settlement for illegal pre-closing conducts (Flakeboard America / SierraPine)
Doyle, Barlow & Mazard (Washington DC)
United States 5 articles 649 visits
Antitrust Division Obtains $3.8 Million in Civil Penalties and Disgorgement of $1.15 Million for Illegal Pre-closing Conduct* On November 7, 2014, the Department of Justice’s Antitrust Division announced that it obtained a $5 million settlement with Flakeboard America Limited; its parent (...)

The DOJ condemns pre-merger coordination requiring target company to sell factory (Flakeboard America / SierraPine)
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 16 articles 3103 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 16 articles 2966 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 4 articles 578 visits
On November 7, 2014, the United States Department of Justice, Antitrust Division (DOJ) announced a $5 million agreement to settle charges that Flakeboard and SierraPine had engaged in unlawful pre-merger coordination . The DOJ’s complaint alleged that the parties’ conduct constituted both a per (...)

The US DOJ announces a proposed $4.95 million settlement for alleged “gun-jumping” while the parties’ proposed transaction was under antitrust review (Flakeboard America / SierraPine)
O’Melveny & Myers (Washington DC)
United States 1 article 110 visits
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O’Melveny & Myers (Washington DC)
United States 1 article 110 visits
,
O’Melveny & Myers (Washington DC)
United States 1 article 110 visits
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On November 7, 2014, the Antitrust Division of the U.S. Department of Justice (“DOJ”) announced a proposed $4.95 million settlement with Flakeboard America Limited, its parent companies Celulosa Arauco y Constitución S.A. and Inversiones Angelini y Compañía Limitada (collectively, “ Flakeboard”), (...)

The US DOJ requires disgorgement for gun-jumping violations in abandoned transaction (Flakeboard America / SierraPine)
Kirkland & Ellis (New York)
United States 9 articles 1930 visits
On November 7, 2014, the U.S. Department of Justice, Antitrust Division (“DOJ”) announced that it had entered into a settlement with Flakeboard and SierraPine resolving allegations that the two parties had engaged in illegal premerger coordination in connection with their now-abandoned (...)

The US DOJ reaches $5 millions settlement with companies after allegations of premerger coordination (Flakeboard America / SierraPine)
Wolters Kluwer (Riverwoods)
United States 75 articles 28974 visits
U.S. Premerger Coordination Allegations Settled for $5 Million in Civil Penalties, Disgorgement* The dangers of prematurely exercising operational control over an acquisition target, or at least appearing to operate organizational control, are highlighted by a Department of Justice Antitrust (...)

The Competition Commission of India takes action against gun-jumping by airlines (Etihad / Jet Airways)
Shardul Amarchand Mangaldas (Mumbai)
India 13 articles 2087 visits
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Economic Laws Practice (Mumbai)
India 12 articles 1604 visits
1. Introduction 1.1. The Competition Commission of India (CCI), while approving the acquisition of 17.36% post issue equity share capital of Standard Greases & Specialties Private Limited (SGSPL) by Alpha TC Holdings Pte Limited (Alpha TC Holdings) and Tata Capital Growth Fund I (TCGF I), (...)

The EU Commission fines a leading company in salmon farming €20 million for breaching the standstill obligation and failing to meet notification requirements (Marine Harvest / Morpol)
DG COMP (Brussels)
Belgium 7 articles 2197 visits
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DG COMP (Brussels)
Belgium 4 articles 919 visits
Article originally published in DG Competition’s Competition merger brief, as Competition merger brief 1/2014 (click here), under the title "Harvesting salmon, jumping guns: the Marine Harvest early implementation case". Please note that all articles published in the CPN are subject to a (...)

The European Commission find that the largest salmon farmer and processor in the European economic area had implemented an acquisition without prior notification (Norway Marine / Morpol)
White & Case (Paris)
France 22 articles 58294 visits
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White & Case (Brussels)
Belgium 8 articles 4055 visits
In merger control, gun-jumping refers to two distinct types of prohibited practices: failure to notify authorities of a transaction triggering merger thresholds, and implementing a notified transaction before receiving merger clearance from the relevant merger authority. Both behaviours can (...)

The Indian Competition Authority fines two tour operators for gun jumping (Thomas Cook and Sterling)
Platinum Partners (New Delhi)
India 2 articles 326 visits
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Platinum Partners (New Delhi)
India 2 articles 326 visits
On 21 May 2014, the Competition Commission of India (“CCI”) imposed a penalty of INR 1 million (approximately USD 0.16 million) on Thomas Cook (India) Limited (“TCIL”), Thomas Cook Insurance Services (India) Limited (“TCISIL”) and Sterling Holidays Resorts (India) Limited (“Sterling”), for (...)

The Chinese MOFCOM announces new penalties for companies that fail to notify mergers
General Court of the European Union (Luxembourg)
Belgium 18 articles 18536 visits
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White & Case (Brussels)
Belgium 42 articles 34878 visits
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White & Case (Stockholm)
Sweden 4 articles 500 visits
MOFCOM Shows Teeth Against Gun Jumping* Summary On 20 March 2014, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a notice announcing that it will make public decisions sanctioning companies failing to notify mergers that meet the filing thresholds. The notice further (...)

The French Competition Authority imposes a steep sanction on the head of wine producer group, for failing to notify a concentration (Copagef / Castel)
Gide Loyrette Nouel (Paris)
France 5 articles 23695 visits
By a decision dated 20 December 2013 (decision n°13-D-22), the French Competition Authority (“FCA”) imposed a €4.000.000 fine on Copagef SA, for failing to comply with article L.430-3 of the French commercial code which provides for a mandatory prior authorization of mergers. This is the highest (...)

The Competition Commission of India takes action against gun-jumping by airlines (Etihad / Jet Airways)
Talwar, Thakore & Associates (New Delhi)
India 9 articles 6300 visits
On 1 May 2013, the Competition Commission of India (Commission) received a combination notice from Etihad Airways (Etihad) and Jet Airways India Limited (Jet) in relation to Etihad’s proposed acquisition of 24% equity interest in Jet. The notice was given to the Commission after signing of an (...)

The Irish Competition Authority unconditionally clears an acquisition in the food sector after a phase 2 investigation (Top Snacks/KP Snacks)
Matheson (Dublin)
Ireland 5 articles 573 visits
Introduction On 18 December 2012, the proposed acquisition of KP Snacks by Top Snacks Limited (“Top Snacks”) was notified to the Competition Authority (the “Authority”) pursuant to section 18 of the Competition Act 2002 (the “Act”). The seller of the KP Snacks business was United Biscuits (UK) (...)

The Irish Competition Authority clears an acquisition of certain assets partly implemented prior to clearance on the market for crisps and snacks (Top Snacks & KP Snacks)
Irish Competition Authority (Dublin)
Ireland 33 articles 3617 visits
Acquisition by Top Snacks Limited of the KP Snacks business from United Biscuits (UK) Limited* Publication of the Determination The Authority has published on its website the public version of the full text of its Determination concerning the proposed transaction whereby Intersnack (...)

The Lithuanian Competition Authority fines petrol stations operator for infringement of merger control rules (Lukoil Baltija)
Valiunas Ellex (Vilnius)
Lithuania 6 articles 1386 visits
The Competition Council of the Republic of Lithuania (the ’Council’) imposed a fine of approximately EUR 340 000 on UAB Lukoil Baltija (Lukoil), a petrol stations operator, for the failure to duly notify the Council of two notifiable concentrations and for the implementation thereof without the (...)

The Albanian Competition Authority fines companies for gun-jumping and failure to notify (Viloil, Geci, Media Vision, Alpha Bank/Emporiki Bank of Greece)
Këllezi Legal (Geneva)
Switzerland 11 articles 18800 visits
The Albanian Competition Authority recently fined several companies for failure to notify a transaction and for late filing. The fines still remains symbolic at an amount not exceeding EUR 1’000; however, the number of decisions shows a trend in enforcement policy. On 5 February 2013, an (...)

The Portuguese Competition Authority imposes record fine for gun-jumping (Farminveste)
Van Bael & Bellis (Brussels)
Belgium 188 articles 35200 visits
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Van Bael & Bellis (Brussels)
Belgium 15 articles 2513 visits
At the end of December 2012, the Portuguese Competition Authority fined the Portuguese National Pharmacy Association and two subsidiaries of Portuguese company Farminveste € 150,000 for implementing their acquisition of pharmaceutical company ParaRede-Glintt without obtaining prior merger (...)

The EU General Court upholds fine imposed on energy corporation for failing to notify a transaction highlighting the importance of compliance with EU merger control filing requirements (Electrabel)
Herbert Smith Freehills (Brussels)
Belgium 37 articles 37834 visits
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Novartis (Brussels)
Belgium 6 articles 2756 visits
1. Introduction On 12 December 2012 the EU General Court dismissed Electrabel’s appeal against the €20 million fine the European Commission had imposed on it for failing to notify a transaction - the acquisition of a minority shareholding - to the Commission under the EU Merger Regulation (...)

The Spanish National Court annuls a merger control clearance decision because the notification thresholds were not reached (Consenur / Ecotec)
Baker McKenzie (Madrid)
Spain 5 articles 3349 visits
The Spanish National Court (Audiencia Nacional, "AN") adopted a judgment on 19 September 2012 annulling the Decision of the Spanish National Competition Commission (Comisión Nacional de la Competencia, "CNC") of 10 March 2010 that authorised the concentration consisting in the acquisition by (...)

The Dutch Trade and Industry Appeal Tribunal confirms that the Competition Authority was wrong to fine a seller for failing to notify a transaction in time
Simmons & Simmons (Amsterdam)
Netherlands 4 articles 210 visits
The Trade and Industry Appeal Tribunal (College van Beroep voor het bedrijfsleven, the highest administrative court in the Netherlands) has ruled that the Dutch Competition Authority’s (NMa) standard practice of imposing fines on both the purchaser and the seller where a concentration subject to (...)

The Spanish National Competition Commission fines companies for gun jumping based on an unprecedentedly broad concept of control (Gestamp/ Essa Bonmor)
Cuatrecasas, Goncalves Pereira (Madrid)
Spain 2 articles 857 visits
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Cuatrecasas, Goncalves Pereira (Barcelone)
Spain 3 articles 943 visits
On January 30, 2012, the Spanish Competition Commission (Comisión Nacional de la Competencia, “CNC”) imposed fines of €124.400 on two groups in the automotive components sector, Gestamp and Estampaciones Sabadell, for allegedly executing a notifiable concentration without authorization. The CNC (...)

The EU Commission publishes decision refusing derogation from standstill obligation in merger case in the consumer goods industry (SC Johnson / Sara Lee)
Van Bael & Bellis (Brussels)
Belgium 188 articles 35200 visits
On 11 September 2012, the European Commission published a decision refusing a request by SC Johnson for a partial derogation from the standstill obligation under the EU Merger Regulation in order to close its acquisition of Sara Lee’s household insecticide business outside of the EEA. (...)

The German Competition Authority imposes fine for gun-jumping (ZG Raiffeisen)
Van Bael & Bellis (Brussels)
Belgium 188 articles 35200 visits
According to a press release of 28 January 2011, the German Federal Cartel Office imposed a fine of € 414,000 on agricultural cooperative ZG Raiffeisen for implementing a concentration without first obtaining clearance from the Cartel Office. In particular, the Cartel Office held that the May (...)

The US Court of Appeals for the 7th circuit rejects an antitrust lawsuit that challenged premerger planning and information exchanges between two health insurers (Omnicare / UnitedHealth)
Jones Day (Washington DC)
United States 11 articles 5034 visits
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Jones Day (Houston)
United States 23 articles 10491 visits
This article has been selected for the business category, mergers section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Last week the U.S. Court of Appeals for the Seventh Circuit rejected an antitrust lawsuit by institutional pharmacy (...)

The Austrian Cartel Court imposes fine for gun-jumping
Van Bael & Bellis (Brussels)
Belgium 188 articles 35200 visits
According to a press release of the Austrian Competition Authority of 22 June 2010, the Austrian Cartel Court has imposed a fine of € 5,000 on a company belonging to an international group of companies that had put a concentration into effect without prior notification to the Austrian (...)

The US DOJ imposes civil penalties for premerger "Gun Jumping" (Smithfield Foods, Premium Standard Farms)
Jones Day (Houston)
United States 23 articles 10491 visits
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Jones Day (Washington DC)
United States 21 articles 8419 visits
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Jones Day (Washington DC)
United States 11 articles 3509 visits
On January 21, 2010, the Department of Justice Antitrust Division (“DOJ”) announced a consent agreement with Smithfield Foods and Premium Standard Farms requiring the companies to pay $ 900,000 for violating Hart-Scott-Rodino (“HSR”) Act premerger waiting period requirements. The DOJ alleged that (...)

The US DoJ settles Hart-Scott-Rodino gun jumping charges stemming from buyer’s pre-approval of target’s purchasing contracts (Smithfield Foods / Premium Farms)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
United States 27 articles 4900 visits
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Kirkland & Ellis (New York)
United States 9 articles 1930 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 13 articles 1589 visits
On January 21, 2010, after a three-year and four-month investigation, the Department of Justice (DOJ) announced a $900,000 settlement with meat processors Smithfield Foods Inc. and Premium Farms LLC to resolve DOJ allegations that Smithfield exercised operational control over Premium (...)

The Romanian Competition Council carries out dawn raid on suspicion of “gun-jumping” infringement (Advent / Ozone Laboratories)
Van Bael & Bellis (Brussels)
Belgium 188 articles 35200 visits
According to a press release of 19 November 2009, the Romanian Competition Council carried out unannounced inspections (so-called “dawn raids”) at the premises of Advent and Ozone Laboratories, in the framework of its investigation of a notified merger between these two companies. Although the (...)

The EU Commission fines Belgian electricity undertaking for infringing the standstill obligation under Merger proceedings (Electrabel / CNR)
New Horizon Partners (Paris)
1 article 1703 visits
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DG COMP (Brussels)
Belgium 4 articles 3439 visits
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Wilson, Sonsini, Goodrich & Rosati (Brussels)
Belgium 2 articles 2307 visits
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"Electrabel/CNR: the importance of the standstill obligation in merger proceedings"* On 26 March 2008, Electrabel SA (“Electrabel”), a Belgian electricity company which is part of the French group, Suez (now GDF Suez), notified to the Commission a concentration consisting in the acquisition of (...)

The EU Commission imposes a fine of € 20 M on electricity producer and retailer for acquiring control of a French electricity producer, without having received prior approval under the EU Merger Regulation (Electrabel / CNR)
J G Associates (Brussels)
205 articles 48951 visits
"Mergers: main developments between 1 May and 31 August 2009"* The Commission imposed a fine of 20 million euros on Electrabel, an electricity producer and retailer belonging to the Suez Group (now GDF Suez) for acquiring control of Compagnie Nationale du Rhône (CNR), a French electricity (...)

The EU Commission imposes a twenty million euros fine against Belgian electricity supplier for failure to notify a merger (Electrabel / CNR)
Linklaters (Hong Kong)
Hong Kong 7 articles 7081 visits
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Cadwalader Wickersham & Taft (Brussels)
Belgium 9 articles 6782 visits
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Bird & Bird (Brussels)
Belgium 1 article 2356 visits
On 10 June 2009, the European Commission (EC) imposed a fine of € 20 M on Belgian electricity supplier Electrabel for implementing a merger without seeking its prior approval, in breach of the EC Merger Regulation (ECMR). This decision merits attention not only because it is one of only a (...)

The German FCO fines publishing company € 4.13 M for gun-jumping (DuV)
Van Bael & Bellis (Brussels)
Belgium 188 articles 35200 visits
According to a press release of 13 February 2009, the German Federal Cartel Office (FCO) fined German publishing company Druck- und Verlagshaus Frankfurt am Main GmbH (DuV) € 4.13 million for implementing a concentration prior to obtaining clearance (i.e., so-called “gun-jumping”). In 2001, DuV (...)

The German Cartel Office imposes "Gun Jumping" fine against a leading U.S. candy manufacturer for failure to comply with German premerger notification (Mars, Nutro Products)
Jones Day (Frankfurt)
Germany 12 articles 3647 visits
In a highly unusual decision for Germany’s Federal Cartel Office (FCO), on December 15, 2008, the agency imposed a fine of € 4.5 M against U.S. company Mars, Inc. for violating the bar to closing in Germany pending the completion of the German merger review process. This is the first such fine (...)

The German Cartel Office imposes "Gun Jumping" fine against a leading U.S. candy manufacturer for failure to comply with German premerger notification (Mars, Nutro Products)
Jones Day (Frankfurt)
Germany 12 articles 3647 visits
In a highly unusual decision for Germany’s Federal Cartel Office (FCO), on December 15, 2008, the agency imposed a fine of € 4.5 M against U.S. company Mars, Inc. for violating the bar to closing in Germany pending the completion of the German merger review process. This is the first such fine (...)

The German merger control regime’s main features in light of recent developments
Freshfields Bruckhaus Deringer (Berlin)
Germany 29 articles 117610 visits
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Freshfields Bruckhaus Deringer (Berlin)
Germany 17 articles 69185 visits
In over 35 years of its existence, the German merger control regime has gained a strong reputation all over the world due to its influential role in post-war Europe, high rate of enforcement and the important place held by the competition authority in charge of its enforcement, the (...)

The German Federal Court confirms that a change of control must occur on a lasting basis in order to be qualified as a “concentration” but leaves open the question which actions can constitute “gun-jumping” infringements (G+J/RBA)
Freshfields Bruckhaus Deringer (Berlin)
Germany 29 articles 117610 visits
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Freshfields Bruckhaus Deringer (Berlin)
Germany 17 articles 69185 visits
With its judgment of 11 November 2008, the German Federal Court of Justice (Bundesgerichtshof) (Federal Court) has opened a new chapter in the never ending judicial saga relating to the German edition of the scientific magazine National Geographic, which has already found itself at the centre (...)

The European Commission approves acquisition in the petrochemicals sector after in-depth investigation of the relevant geographic market (Ineos, Kerling)
DG COMP (Brussels)
Belgium 2 articles 1662 visits
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DG COMP (Brussels)
Belgium 1 article 693 visits
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European Commission
Belgium 4 articles 2813 visits
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"Ineos/Kerling: Raising the standard for geographic market definition?"* On 30 January 2008, following an in-depth investigation, the Commission approved the acquisition of Kerling ASA (‘Kerling‘) - the polymer division of the Norwegian company Norsk Hydro - by the UK-based INEOS Group Limited (...)

The US DoJ settles gun-jumping charges against communication technology companies (Qualcomm / Flarion)
Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
United States 8 articles 1827 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 13 articles 1589 visits
On April 13, 2006, the Department of Justice (“DOJ”) announced that it had reached a $1.8 million settlement with Qualcomm Incorporated and Flarion Technologies, Inc. to resolve allegations that they each violated the Hart-Scott-Rodino Act of 1976 (“HSR Act”) by “jumping the gun” in connection with (...)

The EU Commission grants retroactive clearance to the acquisition of a Dutch sand-lime joint venture CVK by a German and Dutch companies after they undertook to terminate their joint venture agreement (Haniel / Cementbouw / JV)
DG Economic and Financial Affairs (ECFIN) (Brussels)
Belgium 65 articles 23333 visits
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DG COMP (Brussels)
Belgium 169 articles 41182 visits
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DG GROW (Brussels)
Belgium 21 articles 4172 visits
"Merger Control: Main developments between 1st May 2002 and 31th August 2002"* The European Commission granted retroactive clearance to the 1999 acquisition of the Dutch sand-lime joint venture CVK by the Haniel group of Germany and Dutch firm Cementbouw after the companies undertook to (...)

The US DOJ fines two US software companies for improperly coordinating their actions before closing of the merger in violation of the HSR Act and Section 1 of the Sherman Act (CA/Platinum)
WilmerHale (Washington)
United States 13 articles 4645 visits
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Stanford University
United States 8 articles 3892 visits
,
WilmerHale (Brussels)
Belgium 7 articles 2283 visits
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The Department of Justice has just brought a case that should cause merging parties to take even greater precautions to ensure they do not improperly coordinate before closing. The DoJ complaint alleges violations both of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) and of (...)

The US FTC collects significant penalties for violations of the pre-merger notification rules after clearing a merger in the market for electronic integratable drug information databases (Hearst / Medi-Span)
Hughes Hubbard & Reed (New York)
United States 1 article 211 visits
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Law Office of Renee C. Redman (New Haven)
United States 1 article 211 visits
It is, of course, too early to tell conclusively whether, and to what extent, antitrust enforcement by the Federal Trade Commission (FTC) and the United States Department of Justice (DOJ) will change under the new Bush administration. Both agencies have indicated that they do not intend to (...)

The EU Commission approves, subject to remedies, an acquisition in the stevedoring services sector (Hutchison / RMPM / ECT)
DG Economic and Financial Affairs (ECFIN) (Brussels)
Belgium 65 articles 23333 visits
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DG COMP (Brussels)
Belgium 48 articles 8568 visits
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Financial Conduct Authority (London)
United Kingdom 80 articles 15300 visits
"Merger control: main developments between 1 May and 31 August 2001"* On 3 July, the Commission approved the acquisition by Hutchison Netherlands BV (Hutchison) and Rotterdam Municipal Port Management (RMPM) of the Rotterdam container terminal operator Europe Combined Terminals BV (ECT), (...)

The US DoJ requires two merging parties in the aero-engine sector to divest helicopter engine business and to authorize a new third-party to provide servicing for certain models of aircraft engines and APUs (GE / Honeywell)
Leroy Merlin (Lille)
France 5 articles 4137 visits
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US Federal Trade Commission (FTC) (Washington DC)
United States 1 article 434 visits
A Merger Denied, 13 years later: The GE/Honeywell Saga* Through COMESA, a regional organization on which this resource has published extensively, African countries have made a significant foray into cross-border merger control. As the world’s competition regimes continue to proliferate, a (...)

The EU Commission prohibits mergers in the German pay-tv sector (Bertelsmann/Kirch / Premiere and Deutsche Telekom / Betaresearch)
European Commission - DG TRADE (Brussels)
Belgium 25 articles 4029 visits
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DG COMP (Brussels)
Belgium 22 articles 3810 visits
"Mergers : Recent Developments and Important Decisions"* Major Phase II decisions concerned two proposed concentrations in the German pay-tv sector. In a first step CLT-UFA, a joint venture between Bertelsmann AG and Audiofina SA, and Kirch, the leading supplier of cinema films and TV (...)

The European Commission fines a Korean electronic equipment manufacturer for failing to notify a merger (Samsung / AST)
European Commission - DG TRADE (Brussels)
Belgium 25 articles 4029 visits
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DG COMP (Brussels)
Belgium 22 articles 3810 visits
"Mergers Recent important decisions" On 18 February 1998 the Commission announced that it had fined the Korean company Samsung ECU 33,000 for failing to notify a concentration to the Commission in good time and for putting into effect the concentration without the Commission’s authorisation. (...)

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