Three/O2 – EU merger control test clarified? (And lions in Regent’s Park)

“Formalistic”, “reductionist”, “selective and unbalanced or even deficient”. Advocate General Juliane Kokott did not mince her words in last week’s Opinion on the General Court’s judgment in CK Telecoms, in which she asks the Court of Justice to annul the judgment and refer the case back to the General Court. An AG Opinion is an … Continue reading Three/O2 – EU merger control test clarified? (And lions in Regent’s Park)

Misinformation, disparagement, opacity and throttling – how far does the ‘special responsibility’ go?

What links a multiple sclerosis drug ingredient, trains tickets in the South of England and iPhone batteries? Very little you might say? But in fact these subjects are all bound up in what some believe to be an ongoing extension to the frontiers on the law on abuse of dominance. Just how far does the … Continue reading Misinformation, disparagement, opacity and throttling – how far does the ‘special responsibility’ go?

Illumina/Grail: An unholy war continues

The European Commission has blocked a merger that did not meet any European jurisdictional thresholds for the first time. In a case that has seen the Commission pushing at the boundaries of its remit, it has prohibited Illumina’s $8 billion acquisition of GRAIL. Article 22 EUMR The Illumina/GRAIL merger did not meet the thresholds under … Continue reading Illumina/Grail: An unholy war continues

Legitimately expected: Commission may review Illumina/GRAIL deal

Today the General Court handed down its hotly anticipated judgment in the Illumina/GRAIL merger, deciding that the European Commission has jurisdiction to review the merger. This judgment is hugely consequential, as it confirms that EU Member States have the power to refer mergers to the Commission even when those mergers do not meet the national … Continue reading Legitimately expected: Commission may review Illumina/GRAIL deal

No-poach and wage-fixing agreements – Is antitrust game?

No-poach and wage-fixing agreements are somewhat of a new trend in antitrust enforcement. The US Department of Justice (DoJ) recently beat a challenge against its first criminal wage fixing case, involving wages for physical therapists. The DoJ has opened two further labour-related cases, also in healthcare. Meanwhile in the EU, the Commission has been vocal … Continue reading No-poach and wage-fixing agreements – Is antitrust game?

The Amici Curiosi – And other developments in Illumina/GRAIL

In this post, we share the latest developments in the Illumina/GRAIL merger. This case involves the now completed acquisition by Illumina of GRAIL, a company that has developed a test, which has shown the ability to detect multiple cancers from a single blood draw. GRAIL was founded by Illumina but spun off in 2016. Illumina … Continue reading The Amici Curiosi – And other developments in Illumina/GRAIL

Pay-for-delay hits 18 in the EU – Adulthood, but what comes next?

(...and four other takeaways from the Cephalon decision) Although the European Commission adopted the latest of its pay-for-delay decisions in November 2020, the Cephalon decision was only published in July of this year. With the Lundbeck agreements first coming under Commission scrutiny in 2003, pay-for-delay enforcement turned 18 this year. Below we set out a … Continue reading Pay-for-delay hits 18 in the EU – Adulthood, but what comes next?