ANTITRUST ALERT
ANTITRUST ALERT
A Global Resource for Compliance Officers & Legal Advisors
ANTITRUST ALERT
A Global Resource for Compliance Officers & Legal Advisors

Illumina/GRAIL: European Court of Justice Annuls the Commission’s Approach

By , , and on September 3, 2024
Posted In EC Developments, EU Developments, Mergers & Acquisitions

In a spectacular turn, on September 3, 2024, the Court of Justice of the European Union annulled the European Commission’s decision to review the acquisition of Grail by Illumina. The Commission had previously asserted its authority to examine the merger under Article 22 of the EU Merger Regulation, despite the transaction not meeting the EU or national turnover thresholds for review.

This ruling is significant because it challenges the Commission’s ability to review transactions that do not meet the relevant EU or national thresholds but are referred by EU Member States. This could impact how future mergers are reviewed within the EU, as the Commission is likely to find alternative ways to review transactions that do not meet the relevant EU or national thresholds.

Read more here.

Tags: Article 22 of the EU Merger Regulation, CJEU, EU, EU member states, European Commission, European Court of Justice, European Union
Jacques Buhart
Jacques Buhart focuses his practice on cross-border mergers and acquisitions and EU/French competition investigations and litigation out of Brussels and Paris. Jacques has also developed substantial knowledge of various industries, including nuclear, telecommunications, pharmaceutical, paper and energy. He is head of the Firm's Paris and Brussels offices. Read Jacques Buhart's full bio.

Stéphane Dionnet
Stéphane Dionnet has over 20 years of experience practicing international competition law, and has experience liaising with competition authorities in the European Union, United States and Asia. Stéphane has advised global corporations on how to navigate complex multijurisdictional merger control matters. He has represented clients in numerous cartel investigations and has also successfully assisted companies in obtaining conditional immunity from the European Commission and other competition law agencies in and outside the European Union. Read Stéphane Dionnet's full bio.

Axel Schulz
Axel Schulz focuses his practice on European competition law and has a wealth of experience in merger control, global cartel defence and general antitrust advice in sectors including energy, chemicals, agri-commodities, container shipping, ports, pigments, medical devices and pharmaceuticals. Read Axel Schulz's full bio. 

Hendrik Viaene
Hendrik Viaene focuses his practice on competition law, regulated markets and regulatory law. He advises clients across a wide range of related issues including state aid, cartels, licensing agreements, merger filings, M&A negotiations, abuse of dominance cases, and distribution agreements. Hendrik assists governments as well as privately and publicly owned companies. He has a wealth of experience in a range of sector such as energy, chemicals, paints, automotive, financial data, recycling and waste management, telecom, construction, renewables, media, private equity and the financial industry.Read Hendrik Viaene's full bio.

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