Op-Ed: “Marine Harvest: where there’s smoke, there’s gun-jumping” by Miguel Sousa Ferro
Yesterday, on 4 March 2020, the Court of Justice of the European Union rendered its judgment in the Marine Harvest v Commission case (C-10/18 P), upholding the Commission’s decision and the General Court’s (GC) Judgment in T-704/14.
By decision of 23 July 2014, in case COMP/M.7184, the Commission imposed on Marine Harvest (now Mowi), a Norwegian undertaking, a fine of 20 million EUR for gun jumping (10 million EUR for infringement of the standstill obligation in Article 7(1), and 10 million EUR for infringement of the notification requirement in Article 4(1) of Regulation 139/2004), relating to a horizontal concentration in fish farming.
Marine Harvest acquired, on 18 December 2012, 48,5% of the share capital of Morpol. As