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Comment: Illumina-Grail decision in US shows vertical merger enforcement is here to stay — dealmakers beware

By Flavia Fortes and Ben Brody ( December 18, 2023, 20:11 GMT | Comment) -- A ruling from the US Court of Appeals for the Fifth Circuit this weekend remanding Illumina’s acquisition of Grail to the US Federal Trade Commission, and the company’s subsequent decision to divest the cancer test maker, is a defining moment for vertical merger enforcement — validating the theory in the US, but with impacts likely beyond the national borders. Dealmakers should be aware, as the agencies are likely to make use of the favorable precedent.A ruling from the US Court of Appeals for the Fifth Circuit this weekend remanding Illumina’s acquisition of Grail to the US Federal Trade Commission, and the company’s subsequent decision to divest the cancer test maker, is a defining moment for vertical merger enforcement — validating the theory in the US, but with impacts likely beyond the national borders. ...

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