ALERTS: MERGERS - GUN JUMPING - DENUNCIATION - EFFECTS ON THE MARKET

Gun jumping: The Court of Justice of the European Union considers that the operations that are not necessary to achieve the change of control of a company may not be taken into account to suspend a merger (EY / KPMG)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 31 May 2018, the Court of Justice of the European Union delivered its judgment inCase C-633/16 (Ernst & Young P/S v Konkurrencerådet).. Gun jumping or not Gun jumping? That was, in essence, the question in this case, which was referred for a preliminary ruling by the Sø-og Handelsretten (Maritime and Commercial Court, Denmark). According to the present judgment, the Court dismisses the Gun Jumping hypothesis in so far as it considers that the act carried out by the target - the early termination by KPMG Denmark of the cooperation agreement linking it to the KPMG network - cannot be regarded as contributing to its acquisition of control by the EY

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Gun jumping: The Court of Justice of the European Union considers that the operations that are not necessary to achieve the change of control of a company may not be taken into account to suspend a merger (EY / KPMG), 31 May 2018, Concurrences N° 3-2018, Art. N° 87193, www.concurrences.com

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