Double Dutch: Illumina/GRAIL, Article 22 and the General Court

This article explores the jurisdictional issues underlying decision of European Commission to review Illumina’s acquisition GRAIL. It marked first time investigated an where target had no activities in EU; nor indeed any nexus individual Member State. The a concentration EU revenues was premised on re-interpretation Article 22(1) Merger Regulation, which allows States request examine concentration. interpretation is intended expand reach regulation capture transactions involving companies with low turnover, but high competitive potential internal market, cases neither State merger control thresholds are met. General Court upheld Commission’s position 22 jurisdiction, judgment appeal Justice. argues that should overturn earlier ruling basis GC mistaken its approach 22, view history and purpose. also considers flaws conduct procedure deprived merging parties due process warranted annulment open investigation. Moreover, this calls out incompatibility application Illumina/GRAIL international law concepts comity, fairness sovereignty.