Topic
Gun Jumping
24 published works
The CLS Blue Sky Blog
Simpson Thacher Discusses DOJ’s Record $5.7 Million Gun-Jumping Settlement
By Peter Guryan, Karen Kazmerzak, Preston Miller, Maxime Fischer-Zernin, Nicholas Prendergast
On January 7, 2025, XCL Resources Holdings, LLC (“XCL”), XCL subsidiary Verdun Oil Company II, LLC (“Verdun”), and EP Energy LLC (“EP,” and with XCL and Verdun, the “Defendants”) agreed…
The CLS Blue Sky Blog
Gibson Dunn Discusses Record Gun Jumping Penalty Secured by FTC
By Kristen Limarzi, Andrew Cline, Ryan Foley, Tristan Locke, Graham Valenta
On January 7, 2025, the U.S. FTC announced a settlement with three crude oil producers for violations of the gun jumping provisions of the HSR Act. XCL Resources Holdings, LLC…
Federal Regulatory & Enforcement Insider
FTC Secures Record Gun-Jumping Penalty in a Case with Several Lessons for Merging Parties
The Federal Trade Commission (FTC) secured a record consent penalty of $5.6 million against two merging parties on January 7, 2025 for improper pre-merger coordination, marking the agency’s first gun-jumping…
The Securities Edge
Gun-Jumping Lives!
One of the things I learned as young securities lawyer was that securities offerings can be made only by prospectus. Accordingly, one of the first things we did whenever we…
Cleary Antitrust Watch
European Court of Justice Confirms Altice’s Gun-Jumping Violation
By Christopher J. Cook, Benjamin Grimm
On November 9, 2023, the European Court of Justice dismissed, on most grounds, [1] Altice’s appeal against the General Court’s judgment[2] upholding the European Commission’s decision, in 2018,[3] to fine…
Cleary Antitrust Watch
Altice Defends its Appeal of the General Court’s Decision to Uphold Record Gun-Jumping Fine in a Hearing before the Court of Justice
By Giancarlo Piscitelli, Alexandra Zaytseva
On February 1, 2023, the Court of Justice held a hearing in Altice’s appeal against the General Court’s decision in 2021 to largely uphold the Commission’s record fine for gun-jumping…
Antitrust & Competition Blog
Gun Jumping Remains a Hot Topic – Beware!
By Charles Whiddington, Zanda Romata
Further to our blog piece at the beginning of this year, there have been additional developments at the EU and national levels in respect to gun-jumping in merger cases. In…
Cleary Antitrust Watch
The French Competition Authority Fines Cofepp for Failure To Notify and Gun-jumping
On April 12, 2022, the French Competition Authority (“FCA”) fined Compagnie Financière Européenne de Prises de Participation (“COFEPP”) 7 million euros for two distinct but related infringements, namely failing to…
Antitrust & Competition Blog
Gun Jumping: The General Court’s Ruling
By Charles Whiddington, Yumiko Takahashi
Gun-jumping can occur when parties fail to fulfil the two obligations laid down by the European Merger Regulation No 139/2004 (EUMR). Article 4(1) of the EUMR sets out the obligation…
Cleary Antitrust Watch
Illumina And Grail Run Into First-Ever Interim Measure For Gun-Jumping
On October 29, 2021, for the first time, the Commission imposed interim measures on companies that closed a deal before obtaining merger approval. On August 18, 2021, U.S. gene-sequencing company…