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Illumina Begins Battle Against EC Order to Unwind Acquisition of Grail

October 19, 2023

Illumina has already begun preparing for the divestment of Grail, although the company has already filed a challenge against the order with the European Court of Justice, claiming that the European Council (EC) does not have jurisdiction over the acquisition.

The EC last week ordered DNA sequencing company Illumina to unwind its acquisition of liquid biopsy company Grail — a merger it had prohibited in September 2022 — “over concerns that the merger would have stifled innovation and reduced choice in the emerging market for blood-based early cancer detection tests.”

Nonetheless, the EC said, “Illumina and Grail unlawfully completed the merger ... in breach of EU merger control rules.” The EC fined both companies for implementing the merger.

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