Illumina Challenges ‘Unconstitutional’ FTC Order on Grail Deal

Illumina Inc. is appealing a Federal Trade Commission order to divest its $7 billion acquisition of cancer startup Grail.

Illumina has filed a petition for review and motion for expedited appeal in the US Court of Appeals for the Fifth Circuit seeking to overturn a commission decision ordering Illumina to unwind the 2021 acquisition. An in-house judge initially ruled in favor of the tie-up.

The four FTC commissioners overruled the in-house judge decision April 3, saying the acquisition would harm innovation in the market for cancer screening technology. Illumina is challenging the independent agency at a conservative-leaning appeals court that ...