Gun jumping, Merger control, Warehousing structures

(Kirkland & Ellis LLP) and (Kirkland & Ellis)/ /Leave a comment

Key takeaways In November, the European Commission (“Commission”) published its much-anticipated reasoning in the Canon/Toshiba Medical Systems Corporation (“TMSC”) merger infringement case.[1]  Through this decision, which resulted in a remarkable €28 million fine against Canon for purely procedural contraventions, competition practitioners have gained further insight into the Commission’s standpoint on the use of warehousing structures…

Australia, Gun jumping, New Zealand, United Kingdom, Voluntary merger regimes

(Kirkland & Ellis LLP)/ /Leave a comment

Much has been written of the heightened risk of gun-jumping enforcement by competition regulators overseeing mandatory suspensory merger regimes.  This article will examine why merger parties and their advisers must also be alive to ‘gun-jumping’ risks in jurisdictions where pre-merger notification is voluntary and there are no automatic standstill obligations. Alongside the succession of ‘gun-jumping’…