Illumina, Grail Say FTC Just Wants To Run Out Merger Clock

Law360 (May 27, 2021, 8:39 PM EDT) -- Illumina and Grail have accused the Federal Trade Commission of plotting to resurrect its federal lawsuit challenging their proposed merger too close to a tie-up deadline for the companies to mount a proper defense, urging a California federal judge Wednesday not to let the FTC drop the suit "without prejudice."

Had the FTC moved to drop the lawsuit "with prejudice" and thus with no room to refile and challenge Illumina's proposed $8 billion bid for cancer testing company Grail, the companies said they'd have no objections. But they argued Wednesday that the FTC is deliberately setting up a scenario in which...

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