Gun-Jumping in EU Law:  Echoes From A National Competition

Dr. Nora Memeti
Assistant Professor – Kuwait International Law School – Doha – Kuwait

Abstract:

This paper explores the recent developments in Gun-Jumping resulting from the case of Altice. After the unprecedented fine imposed by the French Competition Authority (FCA), the European Commission (COM) issued a separate statement of objection for breach of Gun-Jumping again to Altice for another merger. This case is a reminder to companies involved in merger that they must comply with European Union Merger Regulation and guarantee that the parties are functioning independently prior to receiving clearance. So far there have been only a handful of cases in the field of Gun-Jumping within the EU.
In terms of structure, part 1 deals with the Reasoned opinion issued by the COM and that from the FCA; part 2 deals with former violations on Gun-Jumping, and part 3 considers the fines and the possible future avenues following the Altice case.
Keywords: EUMR, Altice, Gun-Jumping, Mergers, Acquisitions, Fines, EU Competition Law.

Read Full PDF Text (Arabic)