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Opening Discussion - Agencies and General Counsel: What’s on Their Radar?
Until recently, companies enjoyed legal certainty. Indeed, acquisitions below a certain threshold were not notifiable. The Commission and the national authorities have taken an innovative approach to Article 22 of the Merger Regulation 139/2004. On October 13, in the Illumina/Grail case, the European General Court stated, on the basis of article 22 of the regulation, that the Commission was indeed competent to examine mergers that did not cross the european and national thresholds. If this solution were to be confirmed, this would have the consequence of broadening the scope of European merger control.