BRUSSELS, Nov 29 (Reuters) - EU antitrust regulators on
Friday ditched a merger tool aimed at killer acquisitions two
months after Europe's top court vetoed this expanded merger
power which had been widely criticised by companies as
regulatory over-reach.
The Luxembourg-based Court of Justice in September sided
with Illumina ( ILMN ) in its fight against the European
Commission's decision to wield a power called Article 22 to
assess its $7.1 billion Grail bid even though it was
below the EU's merger revenue threshold.
"In view of this judgment and in line with the principle of
good administration, the Commission has decided to withdraw its
Guidance," the EU executive said in a statement.
The Guidance issued in March 2021 allowed the EU antitrust
watchdog to encourage or accept requests from national
competition agencies to examine mergers even when these deals
fall outside their competence.
The EU competition enforcer had in recent years used this
power against so-called killer acquisitions in which big
companies buy startups to shut them down, especially in the
technology and pharmaceutical sectors.
The Commission said it may look to other methods to catch
killer acquisitions.
"The withdrawal of the Guidance is without prejudice to any
future initiative by the Commission in relation to transactions
involving small and medium-sized enterprises or small midcaps
that fall below relevant jurisdictional thresholds," it said.