Abstract
Judgement of 4 March 2020, Mowi ASA v Commission, C-10/18P, EU:C:2020:149. The Court of Justice of the EU, dismissing the appeal of Mowi, held that the General Court was correct in ruling that an acquisition of de facto sole control may be fined both for infringing the obligation of prior notification and the obligation of standstill under EU Merger Regulation, even if this de facto acquisition of sole control is conditionally linked with a subsequent public offer. On 4 March 2020, the Court of Justice of the EU ruled on the General Court’s judgement upholding a 2014 European Commission fining Mowi ASA (‘Mowi’), formerly Marine Harvest ASA, for gun-jumping under both Articles 4(1) and 7(1) of Regulation No. 139/2004. Based on a share purchase agreement (‘SPA’), which was signed on 14 and closed on 18 December 2012, Mowi acquired 48.5 per cent of the interest in Morpol...
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