When merging parties fail to notify a merger to the competition authority, implement all or parts of the merger during mandatory waiting periods or co-ordinate their competitive behaviour before closing, this is commonly called “gun jumping”. The topic has received a lot of attention recently, as a perception has arisen that competition authorities are devoting more enforcement resources to these violations, and that the amounts of monetary fines for such infringements are increasing.
In November 2018, the OECD held a roundtable to discuss recent developments in the enforcement practice, and contrast them with business needs in various stages before closing a merger.
All related materials for the discussion are available on this page.
