The US Federal Trade Commission said Friday it’s appealing a decision by an administrative judge to allow Illumina Inc.’s $7 billion acquisition of cancer-startup Grail Inc.
(Bloomberg) — The US Federal Trade Commission said Friday it’s appealing a decision by an administrative judge to allow Illumina Inc.’s $7 billion acquisition of cancer-startup Grail Inc.
An FTC spokesperson confirmed the agency’s staff filed a notice of their intent to appeal on Friday.
The FTC’s in-house Judge Michael Chappell ruled Thursday that the deal, which closed last year, didn’t violate antitrust law. His decision hasn’t yet become public.
The appeal sends the case to the FTC’s five commissioners, who will review Chappell’s decision and will vote to uphold or overturn his ruling.
Illumina’s victory may be short-lived — the agency’s commissioners have historically reversed Chappell’s decisions in cases where he has ruled against the FTC. Should the FTC overturn Chappell’s ruling, Illumina can appeal to the federal courts.
An Illumina spokesperson didn’t immediately respond to a request for comment.
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