Introduction Following the CJEU Illumina/Grail ruling the case here is made for the Commission to negotiate with the national competition authorities (NCAs) to adopt a common approach to dealing with so-called ‘killer acquisitions’ both substantively and procedurally. The concept here would be for the Commission and the NCAs to negotiate a common network notice which…
Introduction On March 21st Advocate General Emiliou handed down his Opinion in Joined Cases C-611/22P and C-625/22P, respectively Illumina Inc. v. European Commission and Grail LLC, and Illumina Inc. v. European Commission. One can argue that the Emiliou Opinion is an exercise in throwing the proverbial kitchen sink at the position of the European Commission…
With the recent Autotalks referral request the European Commission’s new approach to the application of Article 22 of the EU Merger Regulation (EUMR) becomes ever more a regular feature of EU merger law. Nevertheless the Commission’s assertion of extended jurisdiction under Article 22 remains unlawful, unconstitutional, and ultimately unsustainable. Even though its new policy was…
