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Antitrust & Trade Reg.

Dec. 19, 2023

Illumina will divest Grail after 5th Circuit rejects challenges

Federal Trade Commission Bureau of Competition Director Henry Liu hailed the company’s decision as “a major win for the FTC as it works to protect competition in health care.” The agency has suffered courtroom setbacks this year in its attempts to block acquisitions by Meta Platforms Inc. and Microsoft Corp.

The Federal Trade Commission got a badly needed win after a series of courtroom defeats when Illumina Inc. announced Sunday it would divest a company that makes a blood test for early stage cancer, following a federal appellate ruling that rejected constitutional challenges to the agency’s decision.

But legal observers question whether the San Diego company’s decision to abandon the acquisition of Grail Inc. is as much a win for the FTC as ...

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