The Illumina Grail saga continues

Another key development today in the saga of the Illumina Grail case. As many will remember, the European Commission reinterpreted Art.22 of the EUMR and stated, in guidance published in 2021, that it allowed the Commission to investigate transactions below the EU merger control thresholds. Illumina's acquisition of Grail was the first prominent case. 

Illumina appealed the novel use of Art. 22 but lost in front of the General Court. Illumina then, not giving up, appealed to the ECJ and now the Advocate General argues that the Commission's interpretation of Art. 22 is incorrect and the judgement of the General Court should be annulled.

What a saga. But there is a fundamental issue of legal certainty here and similar point to what the AG says were made in a submission that ICLA, the association of in-house competition lawyers, sent to the Commission.

We can't wait for the judgement

Press release: Court of Justice of the European Union