The EU Court of Justice confirms the Commission’s gun jumping findings (Marine Harvest)

By a judgment hand down in the Marine Harvest case [1], the Court of Justice of the EU (CJEU) rejected the appeal brought against a judgment of the General Court (GC) [2]. This way, the CJEU also upheld a previous decision the European Commission, that was appealed to the GC, by which the Commission found a gun jumping practice [3]. The facts of the case By the share purchase agreement (SPA) concluded on 14 December 2012, a producer and processor of salmon, Mowi ASA (Mowi), previously known as Marine Harvest, purchased from Friendmall Ltd (Friendmall) and Bazmonta Holding Ltd (Bazmonta) their shareholdings in a competing producer and processor of salmon, Morpol ASA (Morpol). Friendmall and Bazonta were owned by a single individual who was the founder and CEO of Morpol. With the SPA