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EU competition law: AG opinion proposes annulment of Article 22 EUMR referral in Illumina/GRAIL; PSG State aid complaint—no 'interested party' standing; merger updates—21 March 2024

Published on: 21 March 2024

Published by a LexisNexis Competition expert

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Article summary

Mergers AG issues opinion proposing Court of Justice set aside the General Court judgment and annul Commission decisions regarding Article 22 EUMR referral request in Illumina/GRAIL merger

Advocate General Emiliou has delivered his opinion in Joined Cases C‑611/22 P, Illumina v Commission, and C‑625/22 P, GRAIL v Commission and Illumina, concerning appeals against the General Court’s ruling in Case T‑227/21, which rejected an action to annul the Commission’s 19 April 2021 decision accepting a referral under Article 22 EUMR regarding Illumina, Inc.’s acquisition of GRAIL, Inc. (M.10188). He proposes that the Court of Justice set aside the General Court’s judgment and annul the Commission’s decisions on the Article 22 referral. By way of background, the Illumina/GRAIL transaction did not trigger notification thresholds under either national or EU merger control regimes, but, following a complaint, the Commission was invited to consider a referral. The deal was ultimately referred pursuant to Article 22 EUMR, and the Commission later prohibited the concentration. Illumina maintains that the General Court erred in interpreting Article 22 as empowering a Member State with national merger control legislation to request a referral to the Commission of a concentration that does not qualify for review under its own national merger...

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