The European Commission decided on Monday 20 September to send a Statement of Objections to Illumina and GRAIL, informing them of the interim measures it intends to adopt because of the companies’ alleged breach of the standstill obligation under the EU Merger Regulation.
On 18 August 2021, Illumina publicly announced that it had completed the acquisition of GRAIL, while the Commission’s review of the proposed transaction is still ongoing (see EUROPE 12774/20).
In the Statement of Objections, the Commission takes the preliminary view that Illumina and GRAIL have breached the standstill obligation and that interim measures to restore or maintain effective competition are appropriate in this case.
The interim measures aim to prevent the potentially irreparable detrimental impact of the transaction on competition, as well as possible irreversible integration of the merging parties, pending the outcome of the Commission’s merger investigation.
GRAIL and Illumina now have the opportunity to respond in writing and orally to the Statement of Objections.
The Commission is empowered to impose periodic penalty payments for non-compliance. In addition, companies that fail to comply with the interim measures can be fined up to 10% of their annual worldwide turnover. (Original version in French by Lionel Changeur)