Das Vollzugsverbot in der EU-Fusionskontrolle

englischUnder its Article 7, concentrations that fall within the scope of the EU Merger Regulation (EUMR) may only be completed once approval has been granted by the European Commission. This standstill obligation, which also exists in a similar form in many national jurisdictions, has for decades been a source of some uncertainty for M&A practitioners.

After examining the foundations of the standstill obligation in competition law, business economics and EU primary law, the author goes on to develop a systematically and teleologically coherent concept for its scope of application and substantive reach, paying special attention to the issue of partial completion.

The book takes into consideration the rulings recently handed down by the European Commission and the EU courts in Marine Harvest (Mowi), Altice, Ernst & Young, and Canon and is therefore currently the most up-to-date and comprehensive monograph on the standstill obligation under the EUMR. Because it takes a systematic look at all the relevant rulings to date, the article is also, and especially, intended for practitioners in public authorities and courts, law firms and consultancy firms.