Topic
Gun Jumping
24 published works
Cleary Antitrust Watch
Court of Justice Upholds Commission’s Two Fines Against Marine Harvest for Gun-jumping
On March 4, 2020, the Court of Justice dismissed Mowi ASA (formerly Marine Harvest ASA)’s appeal against two fines for having acquired control over salmon producer Morpol prior to the…
China Law Vision
Can Transactions by Steps Circumvent Standstill Rules of Merger Control in China?
China requires mandatory notification of mergers that meet certain thresholds. This notification duty is coupled with a standstill obligation, that is an obligation not to put a merger into effect…
Cleary Antitrust Watch
The Commission Publishes Its Decision To Fine Canon For Gun-Jumping
On October 22, 2019, the Commission published its decision to fine Canon a total of €28 million for failure to file its acquisition of Toshiba Medical Systems Corporation (“TMSC”).[1] Canon…
Cleary Antitrust Watch
Nomination of Supervisory Board Member Not Gun Jumping
On August 26, 2019, the DCA dismissed a claim based on allegations of gun jumping against the appointment of a new member of Ceconomy AG’s (“Ceconomy”) supervisory board.[1] The new…
Cleary Antitrust Watch
The Commission Fines Canon €28 Million For Gun-Jumping
On June 27, 2019, the Commission imposed two fines totaling €28 million on Canon in the context of its acquisition of Toshiba Medical Systems Corporation (“TMSC”). The first fine of…
Cleary Antitrust Watch
UK Clamps Down On Gun-Jumping
On 12 February 2019, the UK Competition and Markets Authority (CMA) imposed a fine of £200,000 on Electro Rent for gun-jumping.[1] This is the third occasion on which the CMA…
Securities Law Exchange
The Rumors of the Death of Gun Jumping Have Been Greatly Exaggerated
Generally speaking, the federal securities laws were drafted with the purpose of limiting the kind and amount of pre-offering publicity permitted in registered public offerings. Pursuant to Section 5(c) of…
Covington Competition
Jumping the gun: the CMA’s approach to breaches of the standstill obligation
Introduction Gun-jumping has been in the spotlight this year both at the European level and in the UK. At the EU level, first there was DG Competition’s record fining of…
Antitrust Alert
Flurry of Antitrust Merger Enforcement Actions as Obama Presidency Comes to a Close
The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) announced several antitrust enforcement actions in advance of the inauguration of President Trump, including settlements for…
Focus on Regulation
Flakeboard and SierraPine Pay Civil Penalties and Disgorgement of Profits to Settle DOJ’s Charges of Unlawful Gun Jumping
By Michele S. Harrington, Leigh Oliver
The antitrust agencies remain vigilant in prohibiting "gun jumping" — the unlawful coordination of parties to a transaction during the pre-HSR clearance and pre-closing time periods.