Antitrust & Trade Reg.
Aug. 29, 2023
Illumina sets up major challenge to FTC authority
“The Commission asks this Court to do what no court ever has: Affirm an unprecedented exercise of administrative power to block a vertical merger that is not only procompetitive but will save lives,” the company’s lawyer, David R. Marriott, wrote.
In a San Diego company’s final brief before a major showdown with the Federal Trade Commission over a merger between companies that make blood tests to detect early-stage cancer, an attorney for Illumina Inc. accused the government agency of violating the U.S. Constitution.
The brief, like the opening brief by David R. Marriott, a partner with Cravath, Swaine & Moore LLP for Illumina and its would-be acquisition target, Grail Inc., foc...
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