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Comment: US Fifth Circuit offers something for dealmakers even as regulators gain victory in Illumina-Grail decision

By Flavia Fortes and Serafina Smith ( December 26, 2023, 22:10 GMT | Comment) -- A recent US appeals court ruling that ultimately ended Illumina's merger with Grail nonetheless offered something for dealmakers, as the court offered a procedural benefit and chose a less stringent standard for assessing a deal's harm to competition. On two issues — the nature of the burden for merging parties and the process for meeting that burden — the Fifth Circuit Court of Appeals showed some sympathy for dealmakers.The recent US appeals court ruling that ultimately ended Illumina's merger with Grail nonetheless offered something for dealmakers as the court offered a procedural benefit and chose a less stringent standard for assessing a deal's harm to competition....

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