![International Restructuring Newswire Q3 2024](https://www.nortonrosefulbright.com/-/media/images/nrf/hero/international-restructuring-newswire-q3-2024.jpg?w=265&revision=a3072c7f-a22a-4c6a-a45d-66211fe15f15&revision=5250261152337387904&hash=99DE369EF7C6069BCDD3DC4E536D7FAB)
Publication
International Restructuring Newswire
Welcome to the Q3 2024 edition of the Norton Rose Fulbright International Restructuring Newswire.
Global | Publication | September 2017
This publication first appeared in the September 2017 edition of The M&A Lawyer.
Like many international merger control stat- utes, the EU Merger Regulation (EUMR) prohib- its the closing of a notifiable transaction until the European Commission (the Commission) grants or is deemed to have granted antitrust approval. Until recently, however, the Commission has pursued very few violations of this rule, known as “gun-jumping,” in particular compared to the U.S. antitrust agencies. The Commission’s recent actions, and tough talk by EU Competition Com- missioner Margrethe Vestager, suggest that the relatively relaxed European approach to gun- jumping is over.
In her May 2017 speech on “Competition and the Rule of Law,” Commissioner Vestager said that if merging parties “jump the gun, we take that very seriously indeed,” because “otherwise, the harm to competition could already be done, before we have the chance to intervene.”1 Also in May, the Commission announced gun-jumping proceedings against the French company Altice, which recently received a gun-jumping fine from the French authority in connection with two other transactions. Two months later, the Commission opened another gun-jumping case, against Canon. If these cases, involving alleged partial implementation of notified transactions, lead to infringement decisions and fines, they will be the first of their kind in the EU.
This article discusses the types of conduct that may lead to a finding of gun-jumping and the Commission’s enforcement history in this area. In conclusion, this article offers some practical guidance on avoiding gun-jumping issues in future transactions.
Publication
Welcome to the Q3 2024 edition of the Norton Rose Fulbright International Restructuring Newswire.
Publication
The English Court of Appeal has decided that an artificial neural network (ANN) was not patentable in Comptroller-General of Patents, Designs and Trade Marks v Emotional Perception AI Ltd [2024] EWCA Civ 825 reversing the finding of the lower court (the High Court), and in so doing agreeing with the UK Intellectual Property Office’s (IPO) original rejection of the patent application on the basis of unpatentable subject matter.
Publication
In this edition we look at real estate highlights from the King’s Speech; a Supreme Court decision on whether discharges of sewage into a canal can be a nuisance; and the management of “higher-risk buildings”: what is a building assessment certificate and who is the Accountable Person?
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023