Case T-227/21 Illumina, Inc. v European Commission, Judgment of the General Court (Third Chamber, Extended Composition) of 13 July 2022
The General Court held that the European Commission may accept a referral to investigate a concentration that is not subject to national merger control rules even when the referring Member State has introduced a merger control regime of its own. It also held that a concentration is 'made known' to a Member State pursuant to the second subparagraph of Article 22(1) EUMR only when sufficient information enabling a preliminary assessment of the conditions laid down in the first subparagraph of the same Article is actively submitted to it.