Ruling On EU Commission Merger Reviews Signifies U-Turn

By Salomé Cisnal de Ugarte, Melanie Perez and Ivan Pico (August 5, 2022, 9:35 AM BST) -- July saw the European General Court, a constituent court of the Court of Justice of the EU, confirm a major extension of the regulatory power of the European Commission competition watchdog under Article 22 of the EU Merger Regulation, or EUMR.

With the ruling in Illumina Inc. v. European Commission, the General Court has confirmed the validity of the EC's new policy to use Article 22 to review cases that do not qualify for review under the merger control rules of the requesting member state.

The General Court has sided with the EC in its new interpretation of Article 22 and...

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