Commission withdraws several decisions in the Illumina/GRAIL case

The European Commission has decided to withdraw several decisions concerning the review of the acquisition of GRAIL Inc. (‘GRAIL’) by Illumina Inc. (‘Illumina’), both of the US.

This decision follows the judgment by the Court of Justice of the European Union finding that the Commission does not have jurisdiction to review the acquisition of GRAIL by Illumina. In that judgment, the Court annulled the six referral decisions adopted by the Commission on 19 April 2021.

In view of the principle of good administration, the Commission has decided to withdraw several previous decisions as it did not have jurisdiction to adopt them, namely: (i) a decision adopted on 22 July 2021 opening a phase II investigation into the proposed acquisition of GRAIL by Illumina (M.10188), (ii) a decision adopted on 6 September 2022 prohibiting the acquisition of GRAIL by Illumina (M.10188), (iii) two decisions concerning interim measures adopted on 29 October 2021 (M.10493) and on 28 October 2022 (M.10938), (iv) a decision adopted on 12 October 2023 ordering restorative measures requiring Illumina to unwind its acquisition of GRAIL (M.10939), and (v) a decision adopted on 12 July 2023 fining Illumina and GRAIL for implementing their merger before approval by the Commission (M.10483).

More information is available on the Commission’s competition website, in the public case register under the case number M.10188.

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