U.S. biotech company Illumina has received some encouraging news in its fight against the European Commission’s rejection of its approximately $8 billion acquisition of California blood-test startup Grail.

In a March 21 opinion, an influential adviser to the EU’s top appeals court said the commission’s antitrust watchdog, DG Competition, overstepped its authority by reviewing the transaction in 2021 and ordering Illumina to sell the company last year.