Implementation Of Concentrations Research Articles

Procedural developments in EU merger control

To deliver accurate decisions in tight timelines, the EU merger control system has procedural rules regarding gun jumping (i.e., no implementation of concentrations before notification/clearance) and provision of correct/non-misleading information. Recently, the Court issued two judgments and the Commission adopted three decisions applying these rules. The Courts’ judgments provide guidance on the concepts of partial implementation; single concentration; and fines for gun-jumping. The Commission’s decisions concerned gun-jumping through warehousing schemes (Canon), through veto rights in agreements and during integration discussions (Altice). In $\mathit{GE}$ /LM Wind, the Commission emphasized the need for precise information in merger notifications, including on parties’ pipeline activities.