27 November 2018 Paris
When merging parties fail to notify a merger to the competition authority, implement all or parts of the merger during mandatory waiting periods or co-ordinate their competitive behaviour before closing, this is commonly called “gun jumping”. The topic has received a lot of attention recently, as a perception has arisen that competition authorities are devoting more enforcement resources to these violations, and that the amounts of monetary fines for such infringements are increasing.
In November 2018, the OECD held a roundtable to discuss recent developments in the enforcement practice, and contrast them with business needs in various stages before closing a merger.
All related materials for the discussion are available on this page.
View the full list of OECD best practice roundtables on competition policy
Jay MODRALL Bio
Richard WHISH Bio
OECD background note • Note de référence de l'OCDE
Executive Summary with key findings • Synthèse des points clés de la discussion
Detailed Summary of the discussion • Compte rendu detaillé de la discussion
More videos at the OECD Competition Youtube channel
2019 Session on gun-jumping and pre-closing exchanges, OECD Competition Open Day
RELATED DOCUMENTS AND LINKS
Disentangling Consummated Mergers – Experiences and Challenges (2022)
Jurisdictional nexus in merger control regimes, 2016
Investigations of consummated and non-notifiable mergers, 2014
Definition of transaction for the purpose of merger control review, 2013
Cartels and anti-competitive agreements
OECD best practice roundtables on competition