On Friday 12 April, the European Commission approved biotech company Illumina’s plan to sell GRAIL (see EUROPE 13270/22).
The Commission prohibited Illumina’s acquisition of GRAIL on 6 September 2022, fearing that the merger would reduce choice in the emerging market for blood tests to detect cancers at an early stage. But Illumina and GRAIL had seriously breached European merger control rules by completing their deal while the Commission’s investigation was underway.
On 12 July 2023, the Commission announced that it had imposed a heavy fine of around €432 million on Illumina and a fine of €1,000 on GRAIL for violating the suspension obligation (see EUROPE 13221/24).
On 12 October 2023, the Commission announced the adoption of corrective measures requiring Illumina to divest GRAIL (see EUROPE 13270/22). The remedies required Illumina to submit a plan for the disposal of GRAIL to the Commission for approval. The Commission considered that the plan submitted to it met all the conditions set out in its decision. Illumina now has the freedom to choose the appropriate disposal method. (Original version in French by Émilie Vanderhulst)