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…
Many of the most challenging transactions reviewed under the EU Merger Regulation (EUMR) in recent years involved their likely effects on non-price competitive factors: innovation; quality and product differentiation; data protection and privacy; sustainability; and capacity and reliability of supply. These topics are discussed briefly, or not at all, in the Commission’s guidelines on the…
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…
