The Shaping of EU Competition Law

Colomo, Pablo Ibáñez

doi:10.1017/9781108378505

Cited by 13 publications

(2 citation statements)

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“…The value of the transaction is testimony to this: Illumina intended to take an 85.4% stake (and thus sole control) in Grail for USD 7. The just-described competitive potential of the combined entity, expressed also in the high takeover price for a company currently without revenues, has attracted the attention of companies from the same industry on both sides of the Atlantic, as well as regulators -the US FTC 13 and the EU Commission. The merger control system in EU law, based on the EUMR (and similar rules in individual EU Member States), is based on the premise that ex ante control of the competitive effects of a merger is necessary where the size of the merging firms threatens to achieve such market power that the merged entity, either alone or in coordination with other larger players within the oligopoly, will manipulate competition (i.e.…”

Section: Killer Acquisition Whose Solution Will Not Waitmentioning

confidence: 99%

Dynamic Industries Require a Dynamic Approach to Law? On the Illuminagrail Takeover

Šmejkal

2023

iele

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The factually complicated and legally innovative development of the Grail by Illumina takeover case is now more than two years old and there is still no final denouement in sight. It is a case with significant implications for the future development of the application of EU competition law in the area of takeover control. In this case, the Commission has tested both its new approach to the use of Article 22 EUMR and the application of the harm theory of foreclosure of rivals from a market that is nascent and will reach its full potential only in the future. This text seeks to outline the complicated development of the case, the various aspects of which are now being dealt with in parallel before the Commission, the General Court, and the Court of Justice. In addition, it seeks to show which questions of the future EU merger control regime have already been answered, which remain to be answered and what are the limits of the search for answers.

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Section: Killer Acquisition Whose Solution Will Not Waitmentioning

confidence: 99%

Dynamic Industries Require a Dynamic Approach to Law? On the Illuminagrail Takeover

Šmejkal

2023

iele

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“…What is equally, if not more, important, is that the Court took these cases as an opportunity to state its current position on some fundamental issues of EU competition law. It is clear that EU competition law is constantly in a state of flux (Monti, 2007;Ibáñez Colomo, 2023). These judgments serve to both consolidate some trends in the Court's recent case-law but also to make significant changes, some of which lead to clear results and some of which open the door to further developments.…”

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confidence: 99%