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Case T-1190/23: Order of the General Court of 13 January 2025 – Illumina v Commission (Competition – Concentrations – Pharmaceutical industry market – Acquisition by Illumina of sole control over Grail – Decision ordering measures to restore the situation prevailing prior to the implementation of the concentration in accordance with Article 8(4)(a) of Regulation (EC) No 139/2004 – Withdrawal of the contested act – Disappearance of the subject matter of the action – No need to adjudicate)
ECLI:EU:UNKNOWN:62023TB1190
62023TB1190
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Official Journal of the European Union
C series
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C/2025/1886
7.4.2025
(Case T-1190/23)
(Competition - Concentrations - Pharmaceutical industry market - Acquisition by Illumina of sole control over Grail - Decision ordering measures to restore the situation prevailing prior to the implementation of the concentration in accordance with Article 8(4)(a) of Regulation (EC) No 139/2004 - Withdrawal of the contested act - Disappearance of the subject matter of the action - No need to adjudicate)
(C/2025/1886)
Language of the case: English
Parties
Applicant: Illumina, Inc. (Wilmington, Delaware, United States) (represented by: F. González Díaz, M. Siragusa and T. Spolidoro, lawyers)
Defendant: European Commission (represented by: P. Berghe, A. Boitos, G. Conte and B. Ernst, acting as Agents)
Intervener in support of the defendant: Council of the European Union (represented by: A.-L. Meyer and N. Coghlan, acting as Agents)
Re:
By its action based on Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2023) 6737 final of 12 October 2023 ordering measures to restore the situation prior to the concentration (Case M.10939 – Illumina/Grail) pursuant to Article 8(4)(a) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1).
Operative part of the order
1.There is no longer any need to adjudicate on the action.
2.The European Commission shall bear its own costs and shall pay those incurred by Illumina, Inc.
3.The Council of the European Union shall bear its own costs.
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(1)
OJ C C/2024/1267, 12.2.2024.
ELI: http://data.europa.eu/eli/C/2025/1886/oj
ISSN 1977-091X (electronic edition)
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