W martwym punkcie, czyli o przedwczesnym wykonaniu koncentracji
A vehicle blind spot - considerations on gun-jumping

Summary/Abstract: A vehicle blind spot, that is, an area that cannot be seen in a car mirror. This article claims that, despite the development of the EC’s and CJEU’s case law, gun-jumping consisting of a partial contribution to the change of control is a blind spot of EU merger control. The CJEU explained that the key criterion for the assessment of the standstill obligation is the lasting change of control, but it also encompasses said partial contribution and this leaves a wide margin of interpretation. EC’s decision practice does not so far allow for anticipating behaviour that would be considered as gun-jumping. The article also discusses the Polish NCA’s experience in gun jumping and considers gun-jumping in relation to the creation of a joint-venture as a blind spot.

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