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Comment: EU regulator's ‘killer acquisition’ strategy in doubt as legal opinion savages Article 22 stance

By Natalie McNelis and Lewis Crofts ( March 21, 2024, 17:45 GMT | Comment) -- The European Commission’s ingenious solution to reviewing certain deals by tech giants and big drugmakers might be blown to pieces if judges follow a legal opinion today that sided with Illumina over its Grail acquisition. The methodical takedown of a 2022 court ruling that endorsed the approach of EU merger investigators to catching "killer acquisitions" will have dealmakers rejoicing, but it leaves EU Court of Justice judges with a tough decision of constitutional importance and a huge commercial impact.The EU merger regulator’s ingenious solution to reviewing certain deals by tech giants and big drugmakers might be blown to pieces if judges follow a legal opinion today that sided with Illumina over its Grail acquisition, controversially blocked by the European Commission. ...

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