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According to Advocate General Emiliou, Illumina / Grail Transaction Escapes Competence of European Commission

  • 21/03/2024
  • News

In a remarkable plot twist in an already eventful saga, Advocate General Nicholas Emiliou proposed today to the Court of Justice of the European Union to set aside the judgment in which the General Court had confirmed the competence of the European Commission to review (and ultimately prohibit) the acquisition of Grail by Illumina.
Should the CJEU decide to follow the opinion of its Advocate General, this case will have a profound impact, not only on the parties – which had been given a historic fine for “gun jumping” and had been ordered to dismantle their transaction – but also on the EU merger control regime.
Please find attached a note discussing and offering a link to this opinion.


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