ARTICLE
15 April 2024

The Illumina/GRAIL Saga: The Impact On Merger Control Policy (Video)

NR
Norton Rose Fulbright

Contributor

Norton Rose Fulbright provides a full scope of legal services to the world’s preeminent corporations and financial institutions. The global law firm has more than 3,000 lawyers advising clients across more than 50 locations worldwide, including London, Houston, New York, Toronto, Mexico City, Hong Kong, Sydney and Johannesburg, covering Europe, the United States, Canada, Latin America, Asia, Australia, Africa and the Middle East. With its global business principles of quality, unity and integrity, Norton Rose Fulbright is recognized for its client service in key industries, including financial institutions; energy, infrastructure and resources; technology; transport; life sciences and healthcare; and consumer markets.

All eyes are on Illumina/GRAIL following the Advocate General's (AG) opinion. If the European Court of Justice follows the AG, it will overturn the European Commission's (EC) new approach to referrals under Article 22.
Belgium Corporate/Commercial Law

All eyes are on Illumina/GRAIL following the Advocate General's (AG) opinion. If the European Court of Justice follows the AG, it will overturn the European Commission's (EC) new approach to referrals under Article 22. This is generating much debate in the merger control community.

Will the European Court of Justice (ECJ) follow the AG?

This is a highly contentious issue – since the European Commission's approach enables it to review concentrations which it and the member states do not have jurisdiction applying the thresholds in their relevant laws. The AG used some fairly strong language in his opinion which the ECJ will have difficulty ignoring, however it rules. For Illumina itself, there are number of other live appeals, but the effect of the ECJ ruling will be felt much more widely.

Beyond the two Article 22 reviews that are currently live in Brussels, there is explicit reference in the Digital Markets Act to Article 22 being used by the EC to review gatekeeper concentrations of which the EC is informed.

We will be eagerly awaiting the ECJ Judgment. For a full analysis, background of the case and the impact on merger control, watch our latest "Let's talk antitrust" video where Ian Giles and Miranda Cole discuss the issues or read our detailed briefing.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More