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MLex Market Insight

TowerCast’s ECJ victory casts a shadow over Illumina’s jurisdictional appeal

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 24 March 2023

⏱️ 16 minutes

🧾️ Download transcript

Summary

The recent European Court of Justice victory for TowerCast has reverberated around the European Union, with the court’s decision suggesting a path for regulators to deal with so-called killer acquisitions. The court sided with an interpretation confirming that a prohibition on abuse of a dominant position is an acceptable avenue for officials wanting to block deals that involve established companies buying startups to shut down any risk of future competition. The decision is now casting a shadow over Illumina’s jurisdictional appeal for its acquisition of Grail — an acquisition that has been vetoed by the European Commission.

Transcript

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0:00.0

Hello, great to see you again. Welcome back to Emlex's weekly podcast. My name is James Panicki. I'll be your host for the next 16 or so minutes.

0:19.5

Now, here are two words that would be familiar to our listeners,

0:22.7

killer acquisitions. You know what it's about. Large established companies acquiring fledgling

0:28.2

start-ups, not because they pose a competitive threat today, but because they might become

0:33.5

competitors further down the track. At least, that's the theory of those opposing such deals.

0:38.9

It's a tricky situation for regulators because there's often little they can do.

0:43.5

Well, there have just been some interesting developments in the European Union recently,

0:47.6

with the European Court of Justice issuing a ruling that could end the run of regulatory

0:53.2

impotence on the issue of killer acquisitions.

0:57.0

Natalie McNeilis covers mergers from Emlex's Brussels Bureau, and she joins me right now.

1:02.3

So Nat, of course, our discussion on killer acquisition goes way back, right?

1:06.6

I mean, this isn't our first podcast on this, is it?

1:09.8

No, and I don't think it's going to be the last one, honestly.

1:13.2

Killer acquisitions is the hot topic in merger control circles around the world these days.

1:18.9

Why is that?

1:19.9

I mean, why is that notion of a killer acquisition as relevant today as it was a few years ago when we first discussed this?

1:26.6

I mean, I think it comes from this sort of growing sense of concern about how the sort of big

1:33.0

and powerful companies, especially in digital markets, just seem to be getting bigger and

1:38.0

more powerful.

1:38.8

And there's this feeling that governments haven't done enough to prevent that or to slow it

1:43.1

down.

1:43.4

And I was thinking of,

...

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