Procedural Infringements in Merger Matters

This report presents approaches to tackling breaches of the procedural rules around merger control proceedings. The paper covers three types of breach: (i) infringements of merger control proceedings, such as failure to comply with information requests (Procedural Violations); (ii) failure to comply with mandatory notification and/or standstill obligations prohibiting implementation of a merger before merger clearance (Gun Jumping); and (iii) failure by merging parties to comply with the merger clearance conditions imposed by a competition authority (Remedy Violations) (together, Procedural Infringements). These findings are based on completed surveys by 25 respondent national competition authorities (NCAs).