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The EU Commission blocks the acquisition of a genetics analysis provider by a cancer detection healthcare company (Grail / Illumina)

On 6 September 2022 the EU Commission adopted a decision under the EU merger Regulation (EUMR) prohibiting the completed acquisition by Illumina of GRAIL. This is the first time the Commission has examined a transaction below the EUMR thresholds and all national EU Member State thresholds which was referred to it pursuant to its revised policy to catch such transactions jurisdictionally. It is also the first time the Commission prohibits a transaction that was completed in contravention of the EUMR. Under the EUMR the parties are prohibited from implementing their transaction before authorisation by the Commission, but Illumina completed the acquisition of GRAIL in August 2021 while the Commission was investigating the transaction (and the parties are now subject to a separate

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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 Commission blocks the acquisition of a genetics analysis provider by a cancer detection healthcare company (Grail / Illumina), 6 September 2022, e-Competitions Preview, Art. N° 108572

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