Skip to content

Illumina v Commission – Confirmation of the European Commission's Renewed Approach to Referrals under Article 22 EUMR (T-227/21 Illumina v Commission)

Jussi Koivusalo, Emilia Rosenblad


Keywords: EU Merger Regulation, EUMR, case referrals, merger control jurisdiction, interagency coordination

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.

The authors are competition lawyers at Dittmar & Indrenius Attorneys Ltd. All views presented here are the authors' own, and are not attributable to their employer or its clients. For correspondence: <> and <>.


Lx-Number Search

(e.g. A | 000123 | 01)

Export Citation