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Gun Jumping: An Overview of EU and National Case Law

1. Introduction Most merger control regimes, including in the EU, are both mandatory and suspensory. This means that mergers must first be notified to the relevant competition authority and approved, before they can be implemented. A violation of these requirements is often referred to as “gun-jumping.” (On this topic, see also Hatton Catriona, Hamilton Andrea & Comtois Yves (eds.), Gun Jumping in Merger Control: A Jurisdictional Guide, Concurrences Books, 476 p., 2019) Until recently, the European Commission (Commission) has pursued very few gun-jumping cases. The Commission’s recent actions, however, and tough talk by EU Competition Commissioner Vestager demonstrate that the Commission is becoming increasingly intolerant of gun-jumping, as well as other procedural breaches. The

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Authors

  • Norton Rose Fulbright (Brussels)
  • Norton Rose Fulbright (Brussels)

Quotation

Jay Modrall, Violetta Bourt, Gun Jumping: An Overview of EU and National Case Law, 20 April 2020, e-Competitions Gun jumping, Art. N° 92519

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