Statement by Executive Vice President Vestager on the Court of Justice’s annulment of the Commission’s decisions to examine the proposed acquisition of GRAIL by Illumina

“We will carefully study the judgment and its implications. There will continue to be a need to review mergers that have a competitive impact in Europe. The Commission’s 2021 Evaluation on the procedural aspects of EU merger control found, after a public consultation, extensive engagement and research into deal activity that certain transactions that do not reach EU notification thresholds may nonetheless be harmful to competition in Europe. A company with limited turnover may still play a significant competitive role on the market, as a start-up with significant potential, or as an important innovator. Killer acquisitions seek to neutralize small but promising companies as a possible source of competition. These companies’ size is often dwarfed by the large corporation that seek to acquire them, and they should be protected against the risk of elimination.

“Going forward, in compliance with today’s judgment, the Commission will continue to accept referrals made under Article 22 of the Merger Regulation by member states that have jurisdiction over a concentration under their national rules where the applicable legal requirements are met.”

Read the full statement online.

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