Takeaways From the Illumina-Grail Merger Challenge Saga

Fierce Competition

Illumina announced in December that it would divest GRAIL, the result of a merger challenge with many twists and turns both in the United States and in Europe.

In this episode of the “Fierce Competition“ podcast, Skadden attorneys Julia York (partner, Washington, D.C.), Ingrid Vandenborre (partner, Brussels) and Michael Sheerin (counsel, New York) talk about the three-year Illumina-GRAIL saga. In particular, they focus on three key areas of the Fifth Circuit's ruling that appear most likely to impact future merger enforcement efforts in the United States.

Tune in to hear about Illumina’s divestment of GRAIL, how it got there and what we can learn from this winding legal battle.

💡 Meet Your Host 💡

Name: Julia York

Title: Partner, Antitrust/Competition at Skadden

Specialty: Julia has represented numerous global corporations in various industries, including pharmaceuticals, telecommunications, energy and financial markets, in both litigation and transactional matters. She currently serves as the vice chair of the ABA Antitrust Section’s Antitrust Law Development Committee and regularly appears on discussion panels on antitrust issues relevant to the pharmaceutical industry. Julia also actively works on pro bono matters, including representing various amici curiae on briefs submitted to the U.S. Supreme Court and U.S. Circuit Courts of Appeal.

Connect: LinkedIn

💡 Featured Guests 💡

Name: Ingrid Vandenborre

What she does: Ingrid is the partner in charge of Skadden’s Brussels office and co-head of Skadden’s European Antitrust/Competition practice. Her practice focuses on EU and international merger control and competition law enforcement.

Organization: Skadden

Words of wisdom: “It's kind of hopeful to hear that there's a limit to the nascent competition criteria.”

Connect: LinkedIn

Name: Michael Sheerin

What he does: Michael serves as counsel in the New York office of Skadden’s Antitrust/Competition Group where he represents clients in a broad range of antitrust transactional, litigation and advisory matters. His representations span a diverse range of industries, including technology, health care, life sciences, manufacturing, consumer goods, sports, entertainment and professional services.

Organization: Skadden

Words of wisdom: “Offering a remedy upfront, particularly a very compelling remedy, can really be a helpful strategy before you get to court.”

Connect: LinkedIn

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Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.