A U.S. appeals court on Tuesday said it will accelerate reviewing Illumina Inc's challenge to a federal agency order requiring the biotechnology company to divest cancer diagnostic test maker Grail LLC.
The New Orleans-based 5th U.S. Circuit Court of Appeals issued its ruling over the objection of the Federal Trade Commission. The agency
Illumina had not shown why the appeals court needed to speed up its consideration of the antitrust dispute.that said the company's $7.1 billion acquisition of Grail will curb competition in the cancer-testing market. Illumina has denied the allegations. The accelerated pace of the litigation could impose a burden on the FTC. The agency argued to the 5th Circuit that an expedited schedule would be "highly prejudicial" to it based on what it called the "number and complexity" of the issues Illumina intends to raise., attorneys for Illumina argued expedited review will "enable the possibility of earlier access to a life-saving screening test and eliminate unnecessary roadblocks in the fight against cancer.
The case is Illumina Inc and Grail Inc v. Federal Trade Commission, 5th U.S. Circuit Court of Appeals, No. 23-60167.For Grail: Michael Egge, Marguerite Sullivan and Al Pfeiffer of Latham & Watkins
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