Illumina-ting AG Arguments in Support of Biotech Merger

  • A group of 12 Republican AGs filed an amicus brief asking the U.S. Court of Appeals for the Fifth Circuit to allow a merger to proceed between DNA sequencing company Illumina, Inc. and multi-cancer early detection test maker GRAIL, Inc.
  • The AGs argue in the brief that the integration of the companies will facilitate the swift market entry of GRAIL’s Galleri cancer screening technology.
  • As we previously reported, the FTC had ordered Illumina to divest GRAIL in April 2023, after finding that the acquisition would reduce competition in the U.S. market for cancer screening tests.
  • The AGs ask the Fifth Circuit to find that the FTC lacked the constitutional authority to order the divestiture, and to vacate the decision of the FTC Commissioners.