Jurisdiction(s):
United Kingdom

Key definition

Requirements definition

What does Requirements mean? In Development Consent Order (DCO) practice, Requirements are the binding conditions that regulate how, when and on what detailed terms the authorised development may proceed. They typically oblige the undertaker to submit and secure approval of detailed design, construction, and environmental management documents (for example, CEMP, traffic, landscape, contamination and archaeology plans) before commencement, phased works or operation. The term is used in legislation: section 120 of the Planning Act 2008 permits a DCO to impose “requirements”. In most DCOs they are set out in a schedule (often Schedule 2) and function similarly to planning conditions under the Town and Country...

EU merger control gun jumping: failure to notify, standstill breaches, enforcement trends, leading cases and practical guidance for pre-closing conduct

Published by a LexisNexis Competition expert

Practice notes

The EU requires parties to transactions to notify when specified thresholds are crossed, enabling competition authorities to examine deals that could significantly harm competition before completion. Gun jumping concerns unlawful pre-merger co-ordination or integration between the parties to a transaction. It commonly refers to two situations:

transactions completed without any notification despite thresholds being met (‘failure to notify’ cases), and
substantive gun jumping, i.e. integration steps taken before clearance—often while the authorities’ review is ongoing

For a practical checklist of do’s and don’ts on gun jumping, see the Gun-jumping ‘Do’s and don’ts’—checklist.

Failure to notify

Failure to notify cases are those where parties entirely omit informing the competition authorities of a transaction that triggers merger thresholds, thereby breaching the obligation to notify a transaction prior to its implementation under Article 4(1) of the EU Merger Regulation (EUMR). Where the EUMR is not applicable, transactions may nonetheless be subject to pre-merger notification Requirements at Member State level. Failure-to-notify cases frequently arise in less clear-cut circumstances...

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Web page updated on 21/05/2026

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