EU-Level Jurisdiction Over “Killer Acquisitions” in the Aftermath of Illumina/GRAIL

On September 3, 2024, the Court of Justice in its Illumina/Grail judgment held that a Member State that has in place a merger control regime cannot refer a merger to the Commission under Article 22 of the EU Merger Regulation when the merger in question falls outside of the scope of that Member State’s merger law. This piece critically evaluates the potential impact of the Illumina/Grail judgment for the application of EU merger law to killer acquisitions. More specifically, it first outlines th