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Deal-Making May Not Be Easier Despite Illumina and Grail’s European Court of Justice Victory

 
• By Natasha Barrow

Illumina's successful appeal to the European Court of Justice could transform life science transactions. However, the ruling has notable limitations and further jurisdictional stretch from the European Commission is expected, said Latham and Watkins lawyers at the Jefferies London Healthcare Conference.

European Court of Justice
European Court of Justice (Shutterstock)

Deal-making will not necessarily be made easier following Illumina’s successful jurisdictional appeal to the European Court of Justice over the acquisition of Grail, although the verdict will impact a “variety of transactions across the life science market,” said Latham and Watkins lawyers at the Jefferies London Healthcare Conference on 20 November.

While the European Court of Justice judgment stated that there was a need for speed in merger control clearance and clearer provisions for transactional parties, it is only effective in...

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