CASE COMMENTS: MERGERS – EUROPEAN UNION – STANDSTILL OBLIGATION – COOPERATION AGREEMENT

Standstill obligation: The Court of Justice of the European Union recalls that a merger is only subject to notification when there is a change of control of the targeted undertaking, with the result that a cooperation agreement may be denounced before the notification of the operation and before it’s clearance by competition authorities (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 (the "Court") had the opportunity to clarify the scope of the standstill obligation included in Article 7(1) of Regulation 139/2004 of 20 January 2004 on the control of concentrations between undertakings, i.e. the prohibition to implement a concentration before it is notified and authorised. That occasion took the form of questions referred to the Court for a preliminary ruling by the Danish Maritime and Commercial Court (Sø - og Handelsretten), ruling on an appeal brought by Ernst & Young against a decision of the Danish Competition Council (Konkurrencerådet). This case commences on 18

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Jean-François Bellis, Valérie Lefever, Standstill obligation: The Court of Justice of the European Union recalls that a merger is only subject to notification when there is a change of control of the targeted undertaking, with the result that a cooperation agreement may be denounced before the notification of the operation and before it’s clearance by competition authorities (EY / KPMG), 31 May 2018, Concurrences N° 3-2018, Art. N° 87784, pp. 130-132

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