European Union: Illumina/Grail - EU General Court Recognizes Broad EU Jurisdiction over Deals that Don’t Trigger Any Merger Control Filing Requirements

Click here to read the full article online

On 13 July 2022, the European General Court endorsed the European Commission’s ability to exert jurisdiction over transactions that do not trigger either EU or national merger control thresholds by virtue of the so-called Article 22 referral mechanism (Case T-227/21). With this ruling, the General Court has effectively validated a hybrid ex ante/ex post EU merger control regime. It is hoped that any future Article 22 intervention will remain exceptional.