Illumina v. FTC

Track this case

Case overview

Case Number:

23-60167

Court:

Appellate - 5th Circuit

Nature of Suit:

Agency 

Companies

Government Agencies

Sectors & Industries:

  1. December 16, 2023

    5th Circ. Says FTC Must Reconsider $8B Illumina-Grail Merger

    The Fifth Circuit on Friday vacated the Federal Trade Commission's order blocking Illumina's $8 billion reacquisition of cancer-detection company Grail, agreeing with the commission that the combination is "likely to substantially lessen competition," but finding that the FTC used the wrong legal standard in part of its analysis.

  2. October 25, 2023

    FTC, Illumina Say EU Unwinding Order Won't Impact Appeal

    The Federal Trade Commission and Illumina both told the Fifth Circuit on Wednesday that a recent order from European enforcers has no impact on the pending appeal of a commission decision blocking Illumina's completed purchase of cancer-detection company Grail.

  3. October 19, 2023

    5th Circ. Asks Illumina, FTC For Update On EU Order's Impact

    The Fifth Circuit is asking Illumina Inc. and the Federal Trade Commission how a recent European Union order that Illumina sell off cancer detection company Grail Inc. will impact the FTC's suit challenging the $8 billion purchase.

  4. September 12, 2023

    5th Circ. Presses Illumina On Cancer Test Competition

    Illumina defended its repurchase of cancer testing outfit Grail during oral arguments at the Fifth Circuit on Tuesday, telling the panel there's no evidence the DNA sequencing company will undercut potential Grail rivals, if they ever materialize.

  5. August 17, 2023

    Illumina Tells 5th Circ. FTC Merger Block Unconstitutional

    Illumina is continuing to push the Fifth Circuit to upend the Federal Trade Commission's decision blocking its purchase of cancer testing outfit Grail, telling the appeals court that enforcers exceeded their authority and acted outside the limits of the Constitution.

  6. August 15, 2023

    Antitrust Watchers Are About To Have Their Hands Full

    A deluge of trials and key hearings are slated for the coming weeks in antitrust cases spread across the country, including the first expected trials for monopolization claims against Google, trials in a variety of other conduct cases from enforcers and private parties, and hearings on several merger challenges.

  7. August 04, 2023

    FTC Defends Illumina-Grail Block — And Its Constitutionality

    The Federal Trade Commission offered an extensive defense of its decision to block Illumina's planned $8 billion reacquisition of Grail in a Fifth Circuit brief unsealed Friday, arguing the agency properly defined the market, that it is constitutionally sound and it didn't violate the company's rights.

  8. August 02, 2023

    Advocacy Groups, Scholars Back FTC Against Illumina Appeal

    Advocacy groups and academics backed the Federal Trade Commission in a series of Fifth Circuit amicus briefs Tuesday and Wednesday blasting both direct attacks on the agency's constitutionality and attacks on its findings that Illumina's planned reacquisition of Grail is anti-competitive.

  9. June 13, 2023

    GOP Lawmakers, AGs Back Illumina Against FTC At 5th Circ.

    Illumina received a slew of support for its constitutional claims against the Federal Trade Commission at the Fifth Circuit, including from groups of lawmakers and state attorneys general, as it fights the agency's order to unwind its purchase of cancer testing outfit Grail.

  10. June 08, 2023

    Group Backs Illumina Attack On FTC Structure At 5th Circ.

    A public interest group urged the Fifth Circuit on Thursday to declare the Federal Trade Commission's structure unconstitutional in a filing supporting Illumina Inc.'s appeal of the commission's order unwinding the DNA sequencing company's repurchase of cancer testing outfit Grail.