Company Law Obligations in the Context of Gun-Jumping in Merger Control

This chapter examines the concept of ‘gun-jumping’ in the context of merger control, focusing on its implications for killer acquisitions in digital, innovative, and future markets. Gun-jumping, where companies prematurely complete or implement mergers without notification or clearance, poses significant challenges in the UK’s voluntary notification regime. These challenges are amplified in the context of killer acquisitions, where dominant firms acquire smaller competitors to suppress innovation or eliminate potential competition. Unlike the EU’s mandatory system, the UK employs flexible jurisdictional thresholds, allowing the Competition and Markets Authority (CMA) to review mergers that fall below traditional turnover thresholds if they present potential competition concerns. This flexibility creates unique challenges for company directors and advisors navigating merger control in dynamic and innovative markets. This chapter explores the intersection of company law and competition law in this context.