EU Merger Referrals: Articles 4(4), 4(5), 9 and 22 EUMR, CJEU's Illumina/GRAIL ruling, national 'legitimate interest' interventions, and interplay with Member State merger control
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The EU merger control framework, set out in the EU Merger Regulation (EUMR), rests on the ‘one‑stop shop’ principle for overseeing concentrations within the EEA. It vests the European Commission (the Commission) with exclusive jurisdiction to assess transactions that amount to a concentration (as defined in Article 3 EUMR) and that meet the turnover thresholds in Article 1(2) or (3) EUMR (and therefore have an EU dimension). Consequently, by virtue of Article 21(3) EUMR, Member States are barred from applying their national competition laws to such EU‑dimension concentrations. The EUMR seeks to streamline the review of certain large‑scale, pan‑European deals before a single authority (ie, the Commission), rather than exposing them to potentially duplicative assessments by multiple national competition authorities across the EU. It also provides referral mechanisms between the Commission and Member States to ensure the best‑placed authority examines the case. Referrals may occur both prior to and after notification. For more on the Commission’s investigation under the EUMR, see The EU merger investigation process.
Pre-notification referral
The EUMR allows merging parties...
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Web page updated on 21/05/2026
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