Illumina’s Appeal Poses ‘Biggest’ Attack Yet on FTC (1)

Illumina Inc.’s attack on the Federal Trade Commission’s order to sell off Grail Inc. is the most aggressive campaign against the agency’s power to police mergers since the US Supreme Court eased the way for such challenges earlier this year.

Illumina’s appeal, briefed at the US Court of Appeals for the Fifth Circuit June 5, builds on recent constitutional challenges targeting the agency after the high court allowed parties facing FTC in-house litigation to contest it in federal courts without waiting for proceedings to conclude.

The appeal goes beyond previous lawsuits by opposing the constitutionality of the agency’s leadership ...