2023 EU Merger Control Highlights And Looking To 2024

2023 saw some very significant decisions, investigations, court judgments and legislative developments in European Union merger control. Notably:

• For the first time ever, in Illumina/GRAIL, the European Commission (EC) ordered the unwinding of an already completed acquisition.
• The EC prohibited the Booking/eTraveli transaction solely because of what seems to be a novel theory of harm based on "ecosystem concerns."
• The EC concluded seven other Phase II investigations with five clearances subject to remedies (three of which were behavioral remedies).
• The European Court of Justice (ECJ) delivered three important judgments:
  • CK Telecoms, which addressed standard of proof and concepts such as closeness of competition and significant competitive force;