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Recent Gun Jumping Enforcement in the U.S., EU, and China Highlights Nuanced Rules

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Antitrust laws in most jurisdictions require that parties to a M&A transaction continue to act as separate and independent companies until the transaction closes. Enforcement actions by competition authorities against “gun jumping” have increased, as authorities in Europe, the United States, and Asia are more closely scrutinizing pre-clearance activities by merging parties to identify gun-jumping violations. This article reports on recent activities in the U.S., European Union, and China that reflect how authorities’ experience with gun jumping has made the “rules” more nuanced.