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ARTICLE · 10 OCTOBER 2024

Revival Of The Threshold Discussions With The Illumina Grail Case

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The European Court of Justice annulled the European Commission's rejection decision on US based Illumina Inc. ("Illumina") and US based Grail L.L.C ("Grail")...

TurkeyAntitrust/Competition Law
Metin Pektaş
Metin Pektaş
Oğuzhan Tuğla
Oğuzhan Tuğla
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The European Court of Justice annulled the European Commission's rejection decision on US based Illumina Inc. ("Illumina") and US based Grail L.L.C ("Grail") based on Article 22 of the EU Merger Regulation1 ("EUMR") on the grounds that the transaction in question did not meet the national merger thresholds. This decision of the Court revitalised the debate on the threshold system in terms of notification of killer acquisitions in merger and acquisition transactions. Türkiye, on the other hand, introduced a different merger threshold system in 2022. In this context, this article will first provide background on the Illumina Grail case. Then, the arguments in the Court's judgement will be discussed. Finally, the threshold systems in EU Member States and the new threshold system for technology undertakings in Türkiye will be mentioned.

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