Illumina’s acquisition of GRAIL is the first deal caught by the European Commission’s reinterpretation of its jurisdictional reach under the EU merger control laws. Why is it so controversial and what are the broader implications? Salomé Cisnal de Ugarte, partner at law firm King & Spalding in Brussels, joins Christina Ma and Matthew Hall to discuss the Commission’s jurisdictional grab under Article 22 of the EU Merger Regulation, which other deals might be affected and the practical implications for dealmakers. Listen to this episode to learn more about this new uncertainty in merger control in the EU and how to identify and mitigate the risk.
Salomé Cisnal de Ugarte, partner, King & Spalding
European Commission Guidance on the application of Article 22 of the EU Merger Regulation to certain cases (March 2021)
European Commission case page Illumina/GRAIL merger investigation
European Commission case page Illumina/GRAIL interim measures
Christina Ma, partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, partner, McGuireWoods London LLP