Top EU court transactions The Commission’s new approach to mergers deals a major blow

The EU’s top court ruled Tuesday that an expanded merger control approach used by Brussels officials since 2021 to prosecute threatening takeovers violates EU rules, a decision that marks a major victory for U.S. biotech giant Illumina.

The Luxembourg-based Court of Justice of the European Union has ruled that Brussels officials lacked the authority to oversee Illumina’s $8 billion takeover of US startup Grail and has annulled a €432 million fine that the Commission imposed on the US genetic testing company for completing the deal while the agency’s investigation was still ongoing. The decision cannot be appealed.