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European Court of Justice Clarifies Rules on Gun-Jumping
19 June 2018
View Debevoise Update
Important judgment by the European Court clarifies the scope of what constitutes ‘gun-jumping’ in an M&A context.
Standstill obligation should be limited to actions that contribute to the acquirer taking control of the target.
However, judgment leaves scope for interpretation which allows the European Commission to limit changes to its current practice.
Competition authorities globally increasingly looking to prosecute procedural breaches, and violations have the potential for very significant fines.
Merging parties should stay vigilant about deal structuring and integration planning.
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