Competition Law In 2021

As 2021 has come to an end, we look back at some of the past year's developments within competition law and what we can expect for the coming year.

EU and the EU Commission

Illumina – Interim measures following gun jumping  (Case M.10493)

In recent years, the Commission has increased its enforcement of the EU merger control rules. Following Illumina's allegedly premature implementation of its acquisition of GRAEL, the EU Commission adopted historic interim measures to prevent any further integration between the two companies until the Commission adopts its final decision.

As part of the interim measures, GRAEL must be run separately from Illumina by an independent management and all interactions between the two companies shall be taken at arm's length and without sharing any confidential business information. The two companies risk substantial fines for implementing the acquisition prematurely and further fines if they breach the interim measures.