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European Commission Gun-Jumping Merger Controls

McGuireWoods LLP

European Competition Law Newsletter – August 2025

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UK CMA Proposes End to Information Exchange Case Against Housebuilders - On 9 July 2025, the UK Competition and Markets Authority (CMA) provisionally accepted commitments to close a UK competition law investigation into...more

BCLP

The Year Ahead for M&A Regulation in Brussels - BCLP’s Top 5 Things to Watch in 2024

BCLP on

2024 is shaping up to be a year of significant change in Brussels. European Parliamentary elections in June will be followed by the appointment of a new Commission in the autumn....more

A&O Shearman

ECJ’s “gun jumping” ruling reminds merging parties of the importance of EU merger control compliance

A&O Shearman on

The European Court of Justice (ECJ) has (mostly) confirmed the European Commission (EC)’s decision to fine Altice for implementing a transaction prior to its notification and the EC’s merger control clearance....more

WilmerHale

Unprecedented European Commission Order to Unwind an Acquisition

WilmerHale on

On October 12, 2023, the European Commission (EC) ordered Illumina to unwind its already completed acquisition of the cancer-test provider GRAIL Inc. This is the first time that the EC has ordered a reversal of an...more

A&O Shearman

European Commission’s record gun-jumping fine on Illumina serves as warning to merging parties

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The European Commission (EC) has imposed a fine of around EUR432 million on genomics company Illumina for closing its acquisition of blood-based cancer test developer GRAIL before the conclusion of the EC’s merger control...more

Hogan Lovells

Shots fired – AG Opinion supports enforcement of record EU ‘gun-jumping’ fine

Hogan Lovells on

An EU Advocate General has advised that an appeal brought by Altice should be dismissed in its entirety – in effect confirming the validity of a 2018 European Commission decision imposing a record fine on Altice for breaching...more

White & Case LLP

ECJ Advocate General supports the European Commission’s broad interpretation of gun-jumping and the importance of deterrence in...

White & Case LLP on

Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court's Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants...more

White & Case LLP

French Merger Control Update: Key Takeaways from 2022

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In 2022, the French Competition Authority (the "FCA") maintained a high level of activity, focusing notably on digital markets, which remain one of its key priorities. Last year also brought the first successful failing firm...more

BCLP

The year ahead in Brussels - the European Commission’s expanding scrutiny of M&A

BCLP on

As we enter 2023, the European Commission is redoubling its efforts to scrutinise transactions on a variety of bases. The focus has been on the digital sector for some time, but the impact of the Commission’s expanding...more

A&O Shearman

General Court Judgment in Canon – A Victory for Commission Gun-Jumping Enforcement

A&O Shearman on

On 18 May 2022, the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment,...more

White & Case LLP

Gun-jumping – The French Competition Authority fines COFEPP for failure to notify and completing the transaction before clearance

White & Case LLP on

The French Competition Authority ("FCA") fines a company for gun-jumping in a case relating to a progressive takeover and de facto control - On 12 April 2022, the FCA fined the Compagnie Financière Européenne de Prises de...more

Skadden, Arps, Slate, Meagher & Flom LLP

Deal Uncertainty Increases as Merger Control Authorities Gain Discretionary Powers of Review

Takeaways - More than 50 countries now have the discretion to conduct competition reviews of mergers below mandatory notification thresholds, and the European Commission, EU member states, the U.K. and others are using...more

McDermott Will & Schulte

Affaire Illumina / Grail : La Commission européenne Dit « Pause ! »

McDermott Will & Schulte on

Le 29 octobre 2021, la Commission européenne (« Commission ») a adopté des mesures provisoires dans le cadre d’une enquête de gun-jumping afin d’éviter la réalisation anticipée de l’acquisition de la société américaine Grail...more

Hogan Lovells

Gun-jumping: The EU General Court calls the shots

Hogan Lovells on

The EU General Court has issued the latest judgment in a suite of hard-line anti-gun-jumping cases – effectively confirming the European Commission’s 2018 decision imposing a record fine on Altice for breaching EU merger...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Court Confirms Commission’s Highest Fine to Date for Gun-Jumping

On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun-jumping in the acquisition of Portugal Telecom (PT) in 2015. The...more

A&O Shearman

EU General Court backs European Commission’s tough stance on merger control “gun jumping”

A&O Shearman on

The General Court has largely upheld the European Commission’s decision to fine Altice a record amount for breaching procedural merger control rules in relation to its acquisition of PT Portugal. The ruling will likely...more

A&O Shearman

Antitrust in focus - December 2020

A&O Shearman on

U.S. FTC merger enforcement gathers pace n- This month we have seen a flurry of activity on the merger control front from the U.S. Federal Trade Commission (FTC). Grabbing the headlines is the announcement that the FTC...more

Hogan Lovells

European Court of Justice upholds European Commission's €20 million 'double' fine for gun-jumping merger control clearance

Hogan Lovells on

Norwegian salmon farmer Marine Harvest has been unsuccessful in its appeal to the Court of Justice of the European Union (CJEU) regarding substantial and separate fines imposed on it by the European Commission for both...more

BCLP

The Year Ahead in EU Merger Control: Five Key Trends to Watch

BCLP on

The dawn of a new year provides a great opportunity to take stock of where EU merger control might go in the next year. In this blog, we outline what we consider to be five key trends to watch out for in EU merger control in...more

Jones Day

Transaction "Designed" to Evade Merger Control Leads to U.S. and EU Penalties

Jones Day on

The Development: Antitrust authorities in the United States and European Union have assessed penalties and fines against Canon, and in the United States, Toshiba, for structuring a transaction to avoid premerger notification...more

A&O Shearman

European Commission Imposes Fine on Canon for Gun-Jumping

A&O Shearman on

On 27 June 2019 the European Commission imposed a fine of €28 million on the Japanese imaging and optical products manufacturer Canon for “gun-jumping” by using a warehousing structure in its 2016 acquisition of Toshiba...more

Wilson Sonsini Goodrich & Rosati

Another Shot Across the Bows: EC Levies $32 Million Gun-Jumping Fine on Canon

As the time taken to secure merger control clearances for global transactions lengthens, the parties and their advisers may be tempted to explore alternative deal structures that might allow a transaction to close sooner than...more

Latham & Watkins LLP

5 Antitrust Trends for Private Equity to Watch

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In a continually evolving antitrust landscape, we consider five key trends that PE deal teams should be aware of. Focus on Non-Controlling Stakes in Competing Companies - Antitrust authorities are paying closer...more

Herbert Smith Freehills Kramer

Merger Control Alert - La Cour de Justice redonne de la liberté aux entreprises pour les opérations préparatoires aux opérations...

Dans un arrêt du 31 mai 2018 (aff. C-633/16, Ernst & Young), la Cour de Justice de l’Union Européenne (CJUE) précise que la dénonciation d’un accord de coopération en vue de la réalisation d’une opération de concentration qui...more

Herbert Smith Freehills Kramer

Merger Control Alert – The European Court of Justice restores companies' freedom to implement preparatory operations for M&A...

In a judgment of 31 May 2018 (Case C-633/16, Ernst & Young), the European Court of Justice (ECJ) ruled that the termination of a cooperation agreement with a view to implementing a M&A transaction prior to its clearing under...more

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