O próbie wykładni zakresu obowiązku zawieszenia koncentracji w unijnym prawie konkurencji
On an attempt to interpret the scope of the duty to suspend a concentration in EU competition law. Commentary on the judgment of the Court of Justice of the European Union of 31 May 2018 in the case C-633/16 – Ernst & Young versus Konkurrencerådet

Summary/Abstract: The purpose of this article is to discuss the judgment of the CJEU of 31 May 2018 in case C-633/16, Ernst & Young P / S v. Konkurrencerådet due to its significance for the qualification of specific behaviors of the merging-parties within the broadly understood gun-jumping practice. According to the judgment, the approach of the CJEU to the scope of the standstill obligation, as well as to other anti-competitive cooperation of entrepreneurs at the stage preceding the implementation of the concentration, will be presented. The above mentioned issues will be then analyzed and commented on. Furthermore the article will explore the impact of the judgment on the European Commission’s decisional practice. As the summary, some conclusions resulting from the judgment of the CJEU will be drawn, which should be considered in future M&A transactions.

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