Is It Too Early Wrong?: The Court of Justice of the EU Clarifies the Concept of Gun-Jumping

In the judgment handed down in the E&Y case, following a preliminary question referred to it under Article 267 TFEU, the Court of Justice of the EU for the first time dealt with the issue of gun-jumping. Applying the ‘change of control’ test, the Court made it clear that the parties to a merger duly notified to the European Commission or other national competition authorities do not infringe the standstill obligation in Article 7(1) of the Regulation (EU) No. 1039/2004 or in corresponding national provisions when, while the regulatory review is still pending, they implement a reverse integration by cutting the links between them and a third party.
The paper is available here. 

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