Two years after the ECJ’s Illumina/Grail judgment, competition authorities are still grappling with transactions that fall outside traditional merger control thresholds. The judgment reinforced the importance of clear jurisdictional boundaries. However, regulators around the world continue to explore alternative mechanisms for scrutinising transactions that may raise competition concerns.
This session will take stock of developments across the UK, Europe and beyond. We’ll examine the growing range of jurisdictional tools available to authorities, including:
- merger control call-in powers
- transaction value thresholds
- expansive interpretations of existing jurisdictional tests
- ex-post enforcement theories
There will also be a high-level discussion on whether increased reliance on adjacent review mechanisms reflects a broader trend of expanding scrutiny beyond traditional merger control. These mechanisms include:
- foreign investment screening
- foreign subsidies reviews
- public interest intervention powers
Against this backdrop, the panel will consider some fundamental questions: how should policymakers balance effective enforcement against legal certainty and predictability for businesses? And are these developments addressing genuine enforcement gaps, or creating an increasingly complex and overlapping landscape for dealmakers?
Learning objectives
SRA Competencies A1
- Gain a practical understanding of how a post Illumina/Grail jurisdictional approach is reshaping merger control risk
Who should attend?
- Competition Section members
- Solicitors practicing competition law
- Those working in corporate and M&A work, in private practice and in-house
Event Pricing can be found on the booking link below, FREE for Competition Section members
Location: Online
Time: 1pm-2pm
Date: Weds 21 October 2026
