This document is an excerpt from the EUR-Lex website
Document 62021TN0755
Case T-755/21: Action brought on 1 December 2021 — Illumina/Commission
Case T-755/21: Action brought on 1 December 2021 — Illumina/Commission
Case T-755/21: Action brought on 1 December 2021 — Illumina/Commission
OJ C 37, 24.1.2022, p. 54–55
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
24.1.2022 |
EN |
Official Journal of the European Union |
C 37/54 |
Action brought on 1 December 2021 — Illumina/Commission
(Case T-755/21)
(2022/C 37/71)
Language of the case: English
Parties
Applicant: Illumina, Inc. (Wilmington, Delaware, United States) (represented by: D. Beard, Barrister-at-law, and P. Chappatte, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
— |
annul the Commission’s decision of 29 October 2021 in case COMP/M.10493 taken pursuant to Art. 8(5)(a) of Council Regulation No 139/2004 on the control of concentrations between undertakings (the EC Merger Regulation) (1) (i) finding that Illumina implemented the acquisition of GRAIL in breach of Art. 7 EUMR; (ii) imposing on Illumina and GRAIL the interim measures set out in section 4.7 of the decision; and (iii) requiring Illumina and GRAIL to implement or procure the implementation of such measures immediately, failing which periodic penalties shall be imposed (the Decision); and |
— |
order the Commission to pay the costs of the present proceedings. |
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
1. |
First plea in law, alleging the Decision is outside Commission competence because Art 7 EUMR did not apply. In particular:
|
2. |
Second plea in law, alleging the provisions in the Decision regarding funding are disproportionate. In particular:
|
3. |
Third plea in law, alleging the Decision is disproportionate in its treatment of Illumina’s pre-existing contractual obligations and/or the Commission has failed to provide adequate reasons under Art. 296 TFUE and Art. 41 of the Charter of Fundamental Rights of the European Union. In particular:
|