Gun-Jumping and EU Merger Control: Selected Issues and Types of Problematic Conduct

30 Pages Posted: 27 Jun 2023

See all articles by Jan Kregl

Jan Kregl

Charles University in Prague - Faculty of Law

Date Written: June 27, 2023

Abstract

This contribution seeks to address the problem of gun-jumping on the EU level as a dynamic and topical issue of EU merger control. Gun-jumping has lately gained considerable attention within the area of EU competition law as the European Commission toughened its enforcement of this anti-competitive conduct, imposing heavy fines and delving into complex cases. While the subject-matter is still evolving as we are now awaiting the appeal decision of the Court of Justice in the landmark Altice case, certain conclusions can be drawn based on the existing case-law. This text has the intention to analyse the issue of gun-jumping on the EU level and break down the interpretation of relevant EUMR provisions by the Commission and the CJEU. Furthermore, the article seeks to identify the different types of gun-jumping conduct as established by the decision-making practice.

Keywords: gun-jumping, EU merger control, standstill obligation, notification obligation, Article 7 of the EU Merger Regulation

Suggested Citation

Kregl, Jan, Gun-Jumping and EU Merger Control: Selected Issues and Types of Problematic Conduct (June 27, 2023). Charles University in Prague Faculty of Law Research Paper No. 2023/II/2, Available at SSRN: https://ssrn.com/abstract=4492599 or http://dx.doi.org/10.2139/ssrn.4492599

Jan Kregl (Contact Author)

Charles University in Prague - Faculty of Law ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

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