Gun-Jumping in European Union Merger Control: The Law and Practice

(2019-2020) Irish Journal of European Law 66-82

17 Pages Posted: 22 Jun 2020

See all articles by Vincent Power

Vincent Power

University College Cork - School of Law; Dalhousie University - Schulich School of Law

Date Written: April 30, 2020

Abstract

This article considers the law and practice relating to "gun-jumping" in EU merger or concentration control. It considers (a) the failure to notify concentrations to the European Commission and (b) the improper implementation of the transaction before Commission clearance. The article describes the legislation and then traces the evolution of the case law. It also advocates the need for further analysis aimed at (a) seeking to bring precision to the circumstances in which notification is necessary, (b) giving more exact guidance about what constitutes proper and improper implementation and (c) focusing on whether the level of Commission fines for gun-jumping are appropriate in all the circumstances.

Keywords: Competition law, antitrust law, merger control, mergers and acquisitions, gun jumping, premature implementation of mergers, Court of Justice of the European Union

JEL Classification: K21

Suggested Citation

Power, Vincent, Gun-Jumping in European Union Merger Control: The Law and Practice (April 30, 2020). (2019-2020) Irish Journal of European Law 66-82, Available at SSRN: https://ssrn.com/abstract=3603447

Vincent Power (Contact Author)

University College Cork - School of Law ( email )

5 Bloomfield Terrace Western Road
Cork
Ireland

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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