The EU General Court confirms the Commission may review a merger between two biotech companies despite the fact that EU and national turnover thresholds are not reached (Illumina / GRAIL)

Yesterday, the General Court of the European Union came down on the side of the European Commission (the Commission ) in that agency’s dispute with genomics firm Illumina and held that the Commission has jurisdiction to examine Illumina's acquisition of cancer detection test start-up Grail, even though the transaction escapes the European and Member State turnover thresholds for review (case T-227/21, Illumina, Inc. v. European Commission – see, attachment). The Commission had decided to start a merger control procedure on 19 April 2021 at the request of France, which was later joined by Belgium, Greece, The Netherlands and European Economic Area countries Iceland and

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Authors

  • Van Bael & Bellis (Brussels)
  • Van Bael & Bellis (Brussels)
  • Van Bael & Bellis (Brussels)
  • Van Bael & Bellis (Brussels)

Quotation

Michael Clancy, Peter L'Ecluse, Catherine Longeval, Koen T'Syen, The EU General Court confirms the Commission may review a merger between two biotech companies despite the fact that EU and national turnover thresholds are not reached (Illumina / GRAIL), 13 July 2022, e-Competitions July 2022, Art. N° 107715

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