Senior EU Court Adviser Provides Welcome Guidance on Gun-Jumping

Senior EU Court Adviser Provides Welcome Guidance on Gun-Jumping

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WilmerHale lawyers have decades of experience advising public and private companies in all aspects of mergers and acquisitions.

EU and US laws prohibit merging companies from implementing reportable transactions until their deal is cleared or the statutory waiting period has expired. Violations of this principle are colloquially known as “gun-jumping” and can have serious negative consequences for the parties. If the parties are competitors, pre-closing activity can also infringe the general rules against anticompetitive agreements (e.g., Section 1 Sherman Act and Art. 101 TFEU).  

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