More than 100 countries worldwide have merger control regimes. In the majority of these regimes, including the U.S., EU and most EU Member States, parties to a transaction may not close a deal without approval from the competition antitrust regulator. An infringement of this obligation, or "gun-jumping", carries risks that are generally well understood. But companies should be aware that the German Federal Cartel Office (FCO) has recently taken a more aggressive approach in its enforcement of gun-jumping, in particular concerning the fining policy for gun-jumping.
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