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Litigation & Arbitration

Aug. 14, 2023

FTC defends attempt to block Illumina merger

The legal dispute is the latest battle between the FTC — led by Chair Lina M. Khan, an appointee of President Joe Biden — and companies that have fought back, successfully in two recent examples in California federal courts, against efforts to block large acquisitions.

The Federal Trade Commission defended its decision to block a merger between San Diego biotechnology company Illumina Inc. and Grail Inc., a company that makes blood tests to detect early-stage cancer.

The commission and the companies face a showdown Sept. 12 before the 5th U.S. Circuit Court of Appeals — a conservative-dominated venue chosen by the companies — over whether the government can block the merger against challenges on substant...

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