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Gun jumping: practical triggers

Kirkland & Ellis LLP


‘Gun jumping’ (ie, the premature implementation of a transaction in violation of the merger standstill obligation) is an enforcement focus for competition authorities around the globe and has recently attracted attention in the European Union following the €125 million fine imposed on Altice and the €28 million fine imposed on Canon with regard to a warehousing-type transaction structure. 

Recent EU cases have implications not only for conduct pre-clearance, but also for transaction agreement negotiations and the overall structuring of transactions.  This webinar will take you through these latest developments and explain how to navigate gun-jumping risks in practice.

The webinar will cover:

  • updates from recent EU decisions on gun jumping;
  • a review of the position in the United States; and
  • practical considerations in M&A.


Marin Boney

Marin Boney is an antitrust and competition partner in Kirkland’s Washington DC office. Ms Boney regularly represents clients before the Federal Trade Commission and the Department of Justice in complex merger reviews and government investigations. She also counsels clients on a range of business issues, including joint ventures, pricing and distribution agreements. Ms Boney has represented clients in a wide variety of industries, with particularly strong experience in software and technology, energy, healthcare and consumer products and services transactions. Before law school, Ms Boney was an analyst at economic consulting firm Lexecon Inc (now part of Compass Lexecon).

Sally Evans

Sally Evans is a partner in the antitrust and competition team based in London. Her practice covers merger control, cartel investigations and compliance advice.

Ms Evans has extensive experience managing multi-jurisdictional merger reviews and represents private equity clients, corporates and financial institutions before the European Commission and the UK Competition and Markets Authority.

Ms Evans has been named among Who’s Who Legal’s Future Leaders – Competition (2019), Legal 500’s next generation EU and Competition lawyers (2017 and 2019) and Management Today’s 35 leading business women under the age of 35 in the United Kingdom (2015). Prior to joining Kirkland, she practised competition law in Brussels and Beijing and also gained experience in-house.

Thomas Wilson

Thomas Wilson is an antitrust partner in Kirkland’s London office. He represents clients before the EU Commission and the German Federal Cartel Office. Mr Wilson has particular experience advising on EU and multi-jurisdictional merger control, EU cartel investigations, state aid, compliance matters and EU antitrust litigation.

Mr Wilson regularly speaks at competition law conferences, frequently publishes on practically relevant topics and was recognised as a Future Leader by Who’s Who Legal in 2017, 2018 and 2019. According to Who’s Who Legal, the “outstanding” Mr Wilson is recognised as “the go-to person with questions on cross-border mergers” and clients stress his “very sharp and hard-working approach”. Prior to joining Kirkland, he was a counsel at Freshfields Bruckhaus Deringer in Brussels.


Marin Boney
Sally Evans
Dr. Thomas S. Wilson


5 December 2019
16:00 - 16:55 UTC
55 min