Why Was Illumina/GRAIL Blocked in the EU? Reviewing The European Commission’s Assessment of Vertical Mergers in Light of the 2022 Prohibition Decision

In Europe, the majority of discourse regarding Illumina/GRAIL has focused on the jurisdictional issues that played out before the European Commission and the European Court of Justice. The case’s substantive aspects, however, are noteworthy in their own right, as Illumina/GRAIL was the first case in which the EC prohibited a transaction based exclusively due to vertical concerns. It therefore provides an opportunity to consider what the prohibition decision tells us about the EC’s assessment o