Merger control analysis and clearance worldwide is becoming ever more difficult, complex and uncertain, with Illumina/Grail perhaps the standout recent example. Following the previous episode on this case (#141: A Power Grab Too Far? The European Commission Extends Its Merger Control Reach), what developments have there been and what can we learn from them? Philippe Chappatte, partner at Slaughter and May, who has been acting for Illumina, joins Matthew Hall and Jeny Maier to discuss the merger control investigations into Illumina’s acquisition of Grail in the EU and US. Listen to this episode to learn more about the substantive and procedural issues raised by the case and practical points it raises.

Philippe Chappatte, partner, Slaughter and May

Related Links:

Our Curious Amalgam, Episode #141, A Power Grab Too Far? The European Commission Extends Its Merger Control Reach

Philippe Chappatte and Poppy Smith, The 27-Stop Shop?: The EU Commission’s unprecedented power grab in merger control

Philippe Chappatte and Josephine Rabinowitz, Illumina/Grail: All Eyes on the General Court

European Commission press release 6 September 2022 “Mergers: Commission prohibits acquisition of GRAIL by Illumina”

European Commission Illumina/Grail merger investigation case page

European Commission Article 22 guidance 26 March 2021

EU General Court judgment 13 July 2022 Illumina v European Commission (appeal on Article 22 EU Merger Regulation referral)

Illumina appeal of EU General Court judgment 13 July 2022

Hosted by:

Matthew Hall, partner, McGuireWoods London LLP and Jeny Maier, partner, Axinn, Veltrop & Harkrider LLP