Gun-Jumping through Pre-Closing Information Exchanges in M&A Transactions and Alternative Safeguard Mechanisms

The Second Academic Gift Book of ELIG Gürkaynak Attorneys-at-Law on Selected Contemporary Competition Law Matters 141-184 (2019), ISBN: 978-605-315-352-8

54 Pages Posted: 14 Jun 2019

See all articles by Gonenc Gurkaynak

Gonenc Gurkaynak

ELIG Gürkaynak Attorneys-at-Law

Esen Ergul

affiliation not provided to SSRN

Bugrahan Koroglu

affiliation not provided to SSRN

Date Written: March 2019

Abstract

M&As, as critical and complex corporate transactions, require relatively lengthy negotiation and/or due diligence processes in order to enable the parties to accurately appraise the financial advantages that might be achieved through the concentration as well as its potential drawbacks. While these evaluation processes are crucial for the parties in terms of their business strategies, they can also raise serious competition law concerns under some circumstances.

To provide a better understanding of these concerns, this article will first focus on the concept of gun-jumping, including its definition and its types (i.e., procedural and substantive). Subsequently, we will examine gun-jumping rules (with a particular focus on gun-jumping through information exchange) in a number of different jurisdictions — specifically, the US, the EU and Turkey — together with an assessment of several groundbreaking cases in those jurisdictions.

Keywords: gun-jumping, suspension requirement, merger control, M&A, pre-closing, information exchange

JEL Classification: K21, L40

Suggested Citation

Gurkaynak, Gonenc and Ergul, Esen and Koroglu, Bugrahan, Gun-Jumping through Pre-Closing Information Exchanges in M&A Transactions and Alternative Safeguard Mechanisms (March 2019). The Second Academic Gift Book of ELIG Gürkaynak Attorneys-at-Law on Selected Contemporary Competition Law Matters 141-184 (2019), ISBN: 978-605-315-352-8, Available at SSRN: https://ssrn.com/abstract=3396919

Gonenc Gurkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Esen Ergul

affiliation not provided to SSRN

Bugrahan Koroglu

affiliation not provided to SSRN

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