Cleary Breakfast: Competition Law Issues in the M&A Deal Process

Gun Jumping and the Exchange of Commercially Sensitive Information (and How to Avoid Them)

December 16, 2021

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Competition law plays a role in every phase of an M&A deal. From the beginning of the negotiations, when the parties need to establish which information can be exchanged and how, until closing, which could be subject to antitrust clearance(s). Antitrust authorities are increasingly tough in enforcing procedural rules, as demonstrated by a recent judgment of the EU General Court that upheld a €125 million fine imposed by the European Commission for gun jumping. Alice Setari and Riccardo Molè analyzed this important development, also providing an overview of the most common antitrust risks in the context of an M&A deal process and how to avoid them.

The seminar was part of the Cleary Breakfast series.