The EU General Court endorses the Commission’s revised approach to review transactions below EU and national merger thresholds via Article 22 EUMR referrals (Grail / Illumina)

In its judgment of 13 July 2022 the General Court endorsed the EU Commission’s revised approach to Article 22 EU Merger Regulation (EUMR) referrals as set out in its March 2021 Guidance. The case relates to an appeal brought by Illumina against the Commission’s decision to accept the referral by the French competition authority of its acquisition of GRAIL, despite the transaction not meeting the jurisdictional thresholds under the French merger control regime. Illumina also claimed that France’s request to refer the transaction was out of time (as it was made almost six months after the deal was announced on 21 September 2020) and that the Commission infringed the principle legitimate expectation by adopting this approach before its Guidance on its revised approach to Article 22

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Authors

  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (London)

Quotation

Kyriakos Fountoukakos, Daniel Vowden, Kristien Geeurickx, The EU General Court endorses the Commission’s revised approach to review transactions below EU and national merger thresholds via Article 22 EUMR referrals (Grail / Illumina), 13 July 2022, e-Competitions August 2022, Art. N° 107862

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