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The European Commission (along with the U.S. FTC and DoJ, UK CMA, German FCO and others), has been focused on ensuring that so-called "killer acquisitions" in the digital and life sciences sectors are reviewed.
The European Commission (along with the U.S. FTC and DoJ, UK
CMA, German FCO and others), has been focused on ensuring that
so-called "killer acquisitions" in the digital and life
sciences sectors are reviewed. Where targets do not generate
revenue, his was difficult for the European Commission. Against
this background, the General Court's decision in Illumina/Grail
is of key importance to companies acquiring start-ups, since it
confirms that the European Commission can request that a member
state authority refer transactions to it for review (even where
neither the Commission nor the member state has original
jurisdiction).
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