Gun Jumping in Selected SEE Countries – an Obvious Risk in M&A Transactions
Gun jumping is a term which describes the premature realization of a merger before obtaining a merger clearance from the relevant competition authorities. In the last years, the European Commission and national competition authorities have demonstrated an increased interest in investigating and p...
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| Format: | Article |
| Language: | English |
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University of Warsaw
2020-11-01
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| Series: | Yearbook of Antitrust and Regulatory Studies |
| Subjects: | |
| Online Access: | https://yars.wz.uw.edu.pl/images/yars2020_13_22/YARS_13_22_11_Zrno_Prosic_i_in.pdf |
| _version_ | 1811178492913516544 |
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| author | Marija Zrno Prošić Raško Radovanović Robert Kordić |
| author_facet | Marija Zrno Prošić Raško Radovanović Robert Kordić |
| author_sort | Marija Zrno Prošić |
| collection | DOAJ |
| description | Gun jumping is a term which describes the premature realization of a merger
before obtaining a merger clearance from the relevant competition authorities.
In the last years, the European Commission and national competition authorities
have demonstrated an increased interest in investigating and punishing gun jumping
cases. Recognizing this interest and the need for practical guidance, the article first
gives an overview of gun-jumping evolution through case law. It then points to
different merger filing thresholds in the region, and implications they could have
for gun-jumping issues, to show that despite the commercial and historical common
ground in the region, merger filing thresholds do differ significantly between the
countries, in a way which requires a cautious and sometimes challenging structuring
of M&A activities with regional reach. Based upon an overview of individual gunjumping
cases in the region, but taking into account the EU precedents, the article
provides recommendations how to avoid gun-jumping risks. |
| first_indexed | 2024-04-11T06:19:17Z |
| format | Article |
| id | doaj.art-24222135893a461fb9e6b4bc2c9ce4e5 |
| institution | Directory Open Access Journal |
| issn | 1689-9024 2545-0115 |
| language | English |
| last_indexed | 2024-04-11T06:19:17Z |
| publishDate | 2020-11-01 |
| publisher | University of Warsaw |
| record_format | Article |
| series | Yearbook of Antitrust and Regulatory Studies |
| spelling | doaj.art-24222135893a461fb9e6b4bc2c9ce4e52022-12-22T04:40:50ZengUniversity of WarsawYearbook of Antitrust and Regulatory Studies1689-90242545-01152020-11-01132221123110.7172/1689-9024.YARS.2020.13.22.9Gun Jumping in Selected SEE Countries – an Obvious Risk in M&A TransactionsMarija Zrno Prošić0https://orcid.org/0000-0001-7223-1260Raško Radovanović1https://orcid.org/0000-0001-8188-0297Robert Kordić2https://orcid.org/0000-0002-7781-2811partner at Odvjetničko društvo Bardek, Lisac, Mušec, Skoko d.o.o. in cooperation with CMS Reich-Rohrwig Hainzpartner at Petrikic & Partneri in cooperation with CMS Reich- Rohrwig Hainzassociate at CMS Reich-Rohrwig HainzGun jumping is a term which describes the premature realization of a merger before obtaining a merger clearance from the relevant competition authorities. In the last years, the European Commission and national competition authorities have demonstrated an increased interest in investigating and punishing gun jumping cases. Recognizing this interest and the need for practical guidance, the article first gives an overview of gun-jumping evolution through case law. It then points to different merger filing thresholds in the region, and implications they could have for gun-jumping issues, to show that despite the commercial and historical common ground in the region, merger filing thresholds do differ significantly between the countries, in a way which requires a cautious and sometimes challenging structuring of M&A activities with regional reach. Based upon an overview of individual gunjumping cases in the region, but taking into account the EU precedents, the article provides recommendations how to avoid gun-jumping risks.https://yars.wz.uw.edu.pl/images/yars2020_13_22/YARS_13_22_11_Zrno_Prosic_i_in.pdfcompetition lawantitrustgun-jumpingmergers & acquisitions; administrationcentral and eastern europecroatiaserbiaslovenia |
| spellingShingle | Marija Zrno Prošić Raško Radovanović Robert Kordić Gun Jumping in Selected SEE Countries – an Obvious Risk in M&A Transactions Yearbook of Antitrust and Regulatory Studies competition law antitrust gun-jumping mergers & acquisitions; administration central and eastern europe croatia serbia slovenia |
| title | Gun Jumping in Selected SEE Countries – an Obvious Risk in M&A Transactions |
| title_full | Gun Jumping in Selected SEE Countries – an Obvious Risk in M&A Transactions |
| title_fullStr | Gun Jumping in Selected SEE Countries – an Obvious Risk in M&A Transactions |
| title_full_unstemmed | Gun Jumping in Selected SEE Countries – an Obvious Risk in M&A Transactions |
| title_short | Gun Jumping in Selected SEE Countries – an Obvious Risk in M&A Transactions |
| title_sort | gun jumping in selected see countries an obvious risk in m a transactions |
| topic | competition law antitrust gun-jumping mergers & acquisitions; administration central and eastern europe croatia serbia slovenia |
| url | https://yars.wz.uw.edu.pl/images/yars2020_13_22/YARS_13_22_11_Zrno_Prosic_i_in.pdf |
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