Marking the latest development in the Illumina/Grail saga, on 3 September 2024, the CJEU annulled the General Court’s judgment and European Commission’s decisions allowing EU national competition authorities (NCAs) to review concentrations that fall below national (turnover) thresholds. In 2021, Illumina, a U.S. biotech company, sought to acquire Grail, a U.S. company developing tests for cancer screening. In July 2022, the General Court blocked the acquisition by permitting the use of Article 22 of the ECMR. Pursuant to Article 22, EU Member States may request the European Commission to examine a concentration that does not meet European or national filing thresholds but still affects trade between EU Member States and threatens to significantly affect competition within their territory.
CJEU Decision in Illumina/Grail Case Restores Clarity on Article 22 ECMR Referrals for Merger Control
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