CASE COMMENTS: MERGERS – EUROPEAN UNION – GUN JUMPING – DUTY TO SUSPEND THE IMPLEMENTATION OF A CONCENTRATION

Gun Jumping: Advocate general N. Wahl delivers its opinion on the duty to suspend the implementation of a concentration until it has been declared compatible with the common market (EY / KPMG)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. They say it's wrong to be right too soon. Thus, Advocate General Nils Wahl introduced the question of the scope of the obligation to suspend the implementation of a concentration prior to its clearance under Article 7(1) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (hereinafter 'the EC Merger Regulation') and the extent of the powers of the European Commission in this regard with regard to proof of early implementation. The early implementation of a proposed concentration (often referred to as 'gun-jumping') has a general scope and includes, inter alia, coordination between the parties

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Emily Xueref-Poviac, Gun Jumping: Advocate general N. Wahl delivers its opinion on the duty to suspend the implementation of a concentration until it has been declared compatible with the common market (EY / KPMG), 18 January 2018, Concurrences N° 2-2018, Art. N° 86925, pp. 114-115

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