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United Kingdom

Illumina/GRAIL appeals: AG Emiliou rejects expansive Article 22 EUMR; Member States without national competence cannot refer; proposes annulling Commission’s acceptance and setting aside General Court judgment

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Case facts

Outline

Appeals contesting the General Court’s judgment in Case T‑227/21, which rejected an action seeking annulment of the Commission’s decisions of 19 April 2021 to accept a referral request under Article 22 EUMR concerning Illumina, Inc.’s acquisition of GRAIL, Inc. (M.10188).

Outcome

On 21 March 2024, Advocate General Emilious delivered an opinion advising the Court of Justice to set aside the General Court’s judgment and annul the Commission’s acceptance of requests by France and five other Member States for referral, under Article 22 EUMR, of Illumina, Inc.’s proposed acquisition of GRAIL, Inc. He considers that Member States cannot request the Commission to review a concentration lacking a Community dimension, even where they have no power to assess such a concentration under national law.

Parties

  • Applicants: Illumina, Inc. (Illumina)
  • Applicants: GRAIL, In (GRAIL)
  • Defendant: European Commission (the Commission)

Background

On 21 September 2020, Illumina and GRAIL announced they had entered into a definitive agreement under which Illumina will acquire GRAIL for cash and share consideration of $8bn...

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