A Roadmap For Future U.S. Enforcement of Vertical Mergers?

Partner Tara Reinhard, counsel Michael Sheerin and associate Zachary Siegler discuss genetic-sequencing company Illumina’s recent divestiture of Grail, a developer of cancer screening tests. Illumina’s decision to sell follows a Fifth Circuit ruling that vacated a 2023 FTC decision requiring the divestiture but that endorsed certain aspects of the FTC’s decision. The FTC appears empowered to continue its vertical merger enforcement efforts by the Fifth Circuit’s opinion.