U.S. Supreme Court
May 24, 2023
Illumina case setting up constitutional battle over FTC power
Legal observers say the case could make its way to the U.S. Supreme Court, which could look unkindly on the commission’s argument that its interpretation of Section 5 of the FTC Act gives it antitrust authority beyond that of the Sherman Act.
A San Diego biotechnology company’s proposed acquisition of a company that makes blood tests to detect early-stage cancer is setting up a constitutional confrontation over the Federal Trade Commission’s authority to block it.
A 5th U.S. Circuit Court of Appeals panel voted 2-1 last month to grant expedited review of Illumina Inc.’s appeal of an FTC decision requiring it to divest Grail Inc., the cancer test company. Illumina’s opening brief...
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