Illumina Challenges FTC in-House Trials in Grail Deal Appeal

June 6, 2023, 1:57 AM UTC

Illumina Inc. urged a US appeals court to find the Federal Trade Commission’s in-house trials are unconstitutional as it tries to unravel the agency’s decision ordering it to sell off cancer detection unit Grail Inc.

In a brief filed with the Fifth US Circuit Court of Appeals late Monday, Illumina said the FTC’s in-house proceedings violate constitutional rights to due process. In the FTC’s administrative process the agency’s commissioners decide on a case only after an in-house judge hears evidence and makes an initial ruling.

“This is a case of flagrant government overreach,” Illumina said in its filing. The FTC ...

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