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Advocate General's Opinion on Illumina-Grail Merger

20.03.2024 | 🇪🇺 Court of Justice of the EU

Advocate General Emiliou proposes to set aside the General Court judgment and annul Commission decisions on referral request regarding the Illumina-Grail merger due to issues with the interpretation of Article 22 of the Merger Regulation.


The Advocate General's opinion in the Illumina-Grail merger case involves a challenge to the General Court judgment and Commission decisions regarding the referral request made by the French Competition Authority. The Advocate General argues that Member States cannot request the Commission to review a merger that falls below national thresholds and lacks a European dimension. The merger between Illumina Inc. and Grail LLC, involving genetic and genomic analysis solutions and cancer detection tests, did not meet the turnover thresholds for notification to the Commission or EU/EEA Member States. The Advocate General finds that the General Court erred in its interpretation of Article 22 of the Merger Regulation, leading to a broad extension of the Commission's jurisdiction and potential inefficiencies in merger control procedures. The Advocate General's opinion is not binding, and the Court of Justice will make the final judgment in the case.

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