The French Supreme Administrative Court declines jurisdiction to review a below-threshold referral by the Competition Authority to the EU Commission (Illumina / Grail)

Responding to an appeal against the French Competition Authority's ("FCA") first referral of a concentration below national merger control thresholds to the European Commission, the Conseil d'Etat declared it does not have jurisdiction to rule in these cases. Key takeaways The French Supreme Administrative Court (Conseil d'Etat) has no jurisdiction over referrals made to the European Commission under Article 22 of the EU Merger Regulation. An FCA referral under Article 22 is most likely

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Michaël Cousin, Marie Florent, The French Supreme Administrative Court declines jurisdiction to review a below-threshold referral by the Competition Authority to the EU Commission (Illumina / Grail), 1 April 2021, e-Competitions April 2021, Art. N° 100758

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