Illumina/Grail: General Court Upholds EC’s Merger Referral Policy, Expanding EC Jurisdiction Over Non-reportable Transactions

In a significant judgment rendered on July 13, 2022, the EU’s General Court validated the position taken by the European Commission in a March 2021 Guidance Paper encouraging national competition authorities to use Article 22 of the EU Merger Regulation to refer transactions to the EC that do not meet national merger control thresholds, but which they believe may threaten to significantly affect competition within the EU.

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