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ILLUMINA / GRAIL (Art. 14 procedure)

M.10483

ILLUMINA / GRAIL (Art. 14 procedure)
September 5, 2024
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EUROPEAN COMMISSION

DIRECTORATE-GENERAL FOR COMPETITION

OPINION

of the ADVISORY COMMITTEE on MERGERS

at its meeting on Friday 07 July, 10:00 – 12:00 (CEST)

concerning a draft decision

RAPPORTEUR: CROATIA

(Text with EEA relevance)

1.1. The Advisory Committee (14 Member States) agrees with the Commission’s assessment that Illumina Inc. (‘Illumina’) intentionally breached Article 7(1) of Council Regulation (EC) No 139/2004 (the “Merger Regulation”) by closing the acquisition of GRAIL Inc. (the legal predecessor of GRAIL, LLC (‘GRAIL’)) on 18 August 2021, i.e., before the Commission could complete its review and adopt a decision pursuant to Article 8(1), 8(2) or 8(3) of the Merger Regulation. Two Member States abstain.

2.2. The Advisory Committee (14 Member States) agrees with the Commission that a fine should be imposed on Illumina pursuant to Article 14(2)(b) of the Merger Regulation. Two Member States abstain.

3.3. The Advisory Committee (15 Member States) agrees with the factors taken into consideration by the Commission for the purposes of determining the level of the fine to be imposed on Illumina pursuant to Article 14(2)(b) of the Merger Regulation. One Member State abstains.

4.4. The Advisory Committee (15 Member States) agrees with the actual level of the fine proposed by the Commission to be imposed on Illumina pursuant to Article 14(2)(b) of the Merger Regulation. One Member State abstains.

5.5. The Advisory Committee (14 Member States) agrees with the Commission’s assessment that GRAIL intentionally breached Article 7(1) of Council Regulation (EC) No 139/2004 (the “Merger Regulation”) by actively contributing to the closing of its acquisition by Illumina on 18 August 2021, i.e., before the Commission could complete its review and adopt a decision pursuant to Article 8(1), 8(2) or 8(3) of the Merger Regulation. Two Member States abstain.

6.6. The Advisory Committee (14 Member States) agrees with the Commission that a fine should be imposed on GRAIL pursuant to Article 14(2)(b) of the Merger Regulation. Two Member States abstain.

7.7. The Advisory Committee (15 Member States) agrees with the factors taken into consideration by the Commission for the purposes of determining the level of the fine to be imposed on GRAIL pursuant to Article 14(2)(b) of the Merger Regulation. One Member State abstains.

8.8. The Advisory Committee (15 Member States) agrees with the actual level of the fine proposed by the Commission to be imposed on GRAIL pursuant to Article 14(2)(b) of the Merger Regulation. One Member State abstains.

***

EUC

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