Tzanaki, A. orcid.org/0009-0001-6269-3426 (2024) Illumina’s Light on Article 22 EUMR: The Suspended Step and Uncertain Future of EU Merger Control Over Below-Threshold “Killer” Mergers. Antitrust Chronicle, December 2024 (Volume 1). ISSN 2168-1155
Abstract
llumina/Grail marks a “critical juncture” in EU merger control. Breaking with the past, reliance on a centralized and predictable administrative system of ex ante merger control is no longer a given in the EU. The expansive use of the ad hoc Article 22 referral mechanism under the EU Merger Regulation would de facto erode its “brightline” jurisdictional rules and upend the allocation of “exclusive” EU and Member State merger competences based on turnover thresholds: the exception could override the rule with significant systemic consequences. The unprecedented face-off between the Commission and Member States over who is to rule over potentially problematic but non-reportable “killer” mergers has been resolved, for now and in part, by the EU Courts. But albeit the “new” Article 22 may be declared dead in a landmark reversal by the European Court of Justice, its legacy lives on and shadows of uncertainty loom over the future of EU merger control.
Metadata
Item Type: | Article |
---|---|
Authors/Creators: |
|
Dates: |
|
Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 24 Jan 2025 15:15 |
Last Modified: | 21 Feb 2025 10:40 |
Published Version: | https://www.pymnts.com/cpi-posts/illuminas-light-o... |
Status: | Published |
Publisher: | Competition Policy International (CPI) |
Related URLs: | |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:222166 |