The EU General Court issues its judgment upholding the Commission’s decision to fine a telecommunications company for gun jumping (Altice / PT Portugal)

On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun jumping in the acquisition of Portugal Telecom (PT) in 2015. The General Court did grant Altice a limited 5% reduction of part of the €124.5 million fine imposed. [1] This remains the highest fine imposed by an antitrust authority for gun jumping, indicating that compliance with the standstill obligation under the European Merger Regulation (EUMR) is an important enforcement priority for the Commission. The decision follows a growing list of Commission cases imposing fines for similar violations: two companies were both fined €20 million, in 2014 and 2019 respectively; Canon was fined €28 million in 2019; and the Commission is

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • McDermott Will & Emery (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)

Quotation

Bill Batchelor, Frederic Depoortere, Ingrid Vandenborre, Stéphane Dionnet, Geraldine De Vasconcelos Lopes, Giorgio Motta, The EU General Court issues its judgment upholding the Commission’s decision to fine a telecommunications company for gun jumping (Altice / PT Portugal), 22 September 2021, e-Competitions Gun jumping, Art. N° 103655

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