Illumina and Grail’s challenge of that decision was dismissed by the General Court on 13 July 2022. On 19 April 2021, the EC accepted the referral request from France. Later, in March 2021, it published a communication providing guidance on how it intends to implement its new approach to Article 22 of the EUMR. Sure enough, the EC first implemented its new approach in February 2021 with respect to the Illumina/Grail transaction and invited all EU NCAs to refer the case to it under Article 22 of the EUMR. In her Conference speech, Commissioner Vestager mentioned the pharmaceutical sector, hinting at the fact that this new approach was likely to be implemented first in this industry. The main purpose of this was to tackle ‘killer acquisitions’ in which the target is typically in its infancy with sales that do not meet the EU or national thresholds. Under this new application, the EC stated that it would start accepting referrals from national competition authorities (NCAs) even when national jurisdictional thresholds are not met, for mergers ‘that are worth reviewing at the EU level’. Main recent regulatory developments FCA involvement in the new Article 22 EUMR policyĪt the 24th International Bar Association Conference of 11 September 2020, the executive vice president of the European Commission (EC) and European Commissioner for Competition, Margrethe Vestager, announced a new approach to Article 22 of the EU Merger Control Regulation (the EUMR). This chapter presents the main recent antitrust developments in this sector in France by examining recent regulatory developments and covid-19 measures, the French Competition Authority’s (FCA) enforcement in recent mergers and antitrust cases and the likely short-term outlook for the sector. France is a key jurisdiction to consider when discussing the life sciences sector.
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