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This case was last updated from PACER on 05/30/2021 at 07:58:55 (UTC).

FEDERAL TRADE COMMISSION v. ILLUMINA, INC. et al

Case Summary

On March 31, 2021, the Federal Trade Commission (“Commission”), represented by Anna M. Rathbun, Carla Weaver, Marguerite Mitchell Sullivan and Michael G. Egge of Latham & Watkins, LLP and Susan Musser, attorney at the Federal Trade Commission, filed an antitrust lawsuit against Illumina, Inc. (“Illumina”) and GRAIL, Inc. (“Grail”) (collectively, “Defendants”), seeking contemplated relief for allegedly executing a merger agreement in violation of Section 5 of the FTC Act. This case was filed in the U.S. District Court for the District of Columbia with Judge Rudolph Contreras presiding.

 

In its complaint, the Commission alleged that “Illumina, the dominant provider of DNA sequencing, proposes to acquire Grail. If consummated, the Acquisition would substantially lessen competition in the U.S. multi-cancer early detection (“MCED”) test market by diminishing innovation and potentially increasing prices and reducing the choice and quality of MCED tests.” “Respondent Grail, with its Galleri MCED test, is racing against several other firms to develop and ultimately commercialize this revolutionary technology.” “As the only supplier of a critical input, Illumina already possesses the ability to foreclose or disadvantage Grail’s MCED rivals. Illumina has several tools available that it could use to impede the competitiveness of any MCED test developer. If Illumina determined it would maximize its profits by limiting the competitiveness of an MCED test that posed a threat to Grail's Galleri business, among other things, it could (1) raise the test developer’s prices for NGS instruments and consumables, (2) impede the rival’s research and development efforts by denying important technical assistance and other proprietary information needed to obtain FDA approval or design a commercially successful MCED test, or (3) refuse or delay the execution of a license agreement required to sell distributed in vitro diagnostic (“IVD”) versions of the test (or offer the license on terms that would restrict the competitiveness of the rival’s IVD test). Respondents recognize the combined firm will have the ability to disadvantage Grail’s rivals.”

 

The Commission further alleged that “Grail’s rivals have no alternative to using Illumina’s NGS platforms to develop and commercialize their MCED tests, therefore, they will be unable to divert away from Illumina if the combined firm raises their costs or otherwise forecloses or disadvantages them. As a result, after the Acquisition, Illumina will control the fate of every potential rival to Grail for the foreseeable future.” Also “Post-Acquisition, Illumina will have the ability to monitor each company developing an MCED test using its NGS platform and the incentive to kill or disable any products that appear likely to take significant business away from Galleri.”

 

In the only claim for relief laid down by the Commission, it has been alleged that the Defendants’ acquisition is illegal under section 5 of the FTC Act, and, if consummated, would be likely to lessen competition substantially in interstate trade and commerce in the market for MCED tests throughout the country in violation of Section 7 of the Clayton Act, 15 U.S.C. § 18.

 

In its prayer for relief, the Commission has requested the Court to grant contemplated relief and prohibition against any transaction between Illumina and Grail that combines their businesses, except as may be approved by the Commission; a requirement that, for a period of time, Illumina and Grail provide prior notice to the Commission of acquisitions, mergers, consolidations, or any other combinations of their businesses with any other company; a requirement to file periodic compliance reports with the Commission and any other relief appropriate to correct or remedy the anticompetitive effects of the Acquisition. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00873

  • Filing Date:

    03/31/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Antitrust

  • Court:

    U.S. District Courts

  • Courthouse:

    District Of Columbia District

Judge Details

Presiding Judge

Rudolph Contreras

 

Party Details

Plaintiff

FEDERAL TRADE COMMISSION

Defendants

GRAIL, INC.

ILLUMINA, INC.

Attorney/Law Firm Details

Plaintiff Attorneys

Susan Musser

Attorney at FEDERAL TRADE COMMISSION

53 R St Ne, Apt 2

Washington, DC 20002

Dylan Naegele

Attorney at FEDERAL TRADE COMMISSION

400 7Th St Sw

Washington, DC 20024

Betty Jean McNeil

Attorney at FEDERAL TRADE COMMISSION

400 7Th St Sw

Washington, DC 20024

Samuel Fulliton

Attorney at FEDERAL TRADE COMMISSION

400 7Th Street, Sw

Washington, DC 20024

Joseph Remington Neely

Attorney at FEDERAL TRADE COMMISSION

400 7Th Street Sw, Ste Cc-6251

Washington, DC 20024

Catherine Marie Sanchez

Attorney at FEDERAL TRADE COMMISSION

400 7Th Street, Sw

Washington, DC 20024

Daniel K. Zach

Attorney at FEDERAL TRADE COMMISSION

400 7Th Street, Sw

Washington, DC 20024

Matthew E. Joseph

Attorney at FEDERAL TRADE COMMISSION

400 7Th Street, Sw

Washington, DC 20024

Sarah Wohl

Attorney at FEDERAL TRADE COMMISSION

400 7Th St Sw

Washington, DC 20024

Defendant Attorneys

Anna M Rathbun

Attorney at LATHAM & WATKINS LLP

555 11Th Street Nw, Suite 1000

Washington, DC 20004

Michael G Egge

Attorney at LATHAM & WATKINS, LLP

555 Eleventh Street, Nw, Suite 1000

Washington, DC 20004

Carla Weaver

Attorney at LATHAM & WATKINS LLP

555 11Th Street Nw, Suite 1000

Washington, DC 20004

Marguerite Mitchell Sullivan

Attorney at LATHAM & WATKINS, LLP

555 11Th Street, Nw, Suite 1000

Washington, DC 20004

Roman Martinez

Attorney at LATHAM & WATKINS

555 11Th St, Nw, Suite 1000

Washington, DC 20004

David R. Marriott

Attorney at CRAVATH, SWAINE & MOORE LLP

825 Eighth Avenue

New York, NY 10019

Wes Earnhardt

Attorney at CRAVATH, SWAINE & MOORE LLP

825 Eighth Avenue

New York, NY 10019

Jesse Weiss

Attorney at CRAVATH, SWAINE & MOORE LLP

825 Eighth Avenue

New York, NY 10019

Preston Burton

Attorney at BUCKLEY LLP

2001 M Street, Nw, Suite 500

Washington, DC 20036

Sharonmoyee Goswami

Attorney at CRAVATH, SWAINE & MOORE LLP

825 Eighth Avenue

New York, NY 10019

Richard Judson Stark

Attorney at CRAVATH, SWAINE & MOORE LLP

825 Eighth Avenue

New York, NY 10019

17 More Attorneys Available

 

Court Documents

#59

(#59) Case transferred to the USDC for the Southern District of California pursuant to Minute Order filed on 4/22/2021; sent to Court via extraction. (ztth) (ztth). (Entered: 04/23/2021)

#58

(#58) MEMORANDUM OPINION granting #41 Defendants' Motion to Transfer Case. See document for details. Signed by Judge Rudolph Contreras on 4/20/2021. (lcrc1) (Entered: 04/20/2021)

#57

(#57) ORDER granting #41 Defendants' Motion to Transfer Case. See document for details. Signed by Judge Rudolph Contreras on 4/20/2021. (lcrc1) (Entered: 04/20/2021)

#56

RESTRICTED

#54

(#54) NOTICE of Appearance by Michael J.. Zaken on behalf of ILLUMINA, INC. (Zaken, Michael) (Entered: 04/07/2021)

#7

(#7) SUMMONS (2) Issued Electronically as to GRAIL, INC., ILLUMINA, INC. (Attachment: #1 Notice and Consent) (ztth) (Attachment 1 replaced on 3/31/2021) (ztth). (Entered: 03/31/2021)

#6

(#6) CIVIL COVER SHEET by FEDERAL TRADE COMMISSION. (ztth) (Entered: 03/31/2021)

5 #1

Text of Proposed Order

#5

(#5) MOTION for Protective Order by FEDERAL TRADE COMMISSION. (Attachment: #1 Text of Proposed Order) (ztth) (Entered: 03/31/2021)

4 #2

Text of Proposed Order

4 #1

Exhibit A

#4

(#8) ORDER granting #4 Plaintiff's Motion for TRO. See document for details. Signed by Judge Rudolph Contreras on 3/31/2021. (lcrc2) (Entered: 03/31/2021)

#3

DOCUMENT UNAVAILABLE

#2

(#2) ORDER granting #1 Motion to File Complaint Under Seal. Signed by Chief Judge Beryl A. Howell on 3/31/2021. (ztth) (Entered: 03/31/2021)

1 #1

Text of Proposed Order

#1

(#2) ORDER granting #1 Motion to File Complaint Under Seal. Signed by Chief Judge Beryl A. Howell on 3/31/2021. (ztth) (Entered: 03/31/2021)

59 More Documents Available
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Docket Entries

  • 04/23/2021
  • DocketReceipt on 4/23/2021 of Electronic Transfer. Other Court Number 3:21-cv-00800 sent by UDC for the Southern District of California. (ztth) (Entered: 04/28/2021)

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  • 04/23/2021
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  • Docket(#59) Case transferred to the USDC for the Southern District of California pursuant to Minute Order filed on 4/22/2021; sent to Court via extraction. (ztth) (ztth). (Entered: 04/23/2021)

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  • 04/22/2021
  • DocketMINUTE ORDER: It is hereby ORDERED that the Clerk of the Court is directed to transfer this case to the Southern District of California forthwith. SO ORDERED. Signed by Judge Rudolph Contreras on 4/22/2021. (lcrc1) (Entered: 04/22/2021)

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  • 04/20/2021
  • DocketSet/Reset Deadlines: Transfer due by 4/30/2021. (lcrc1) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#58) MEMORANDUM OPINION granting #41 Defendants' Motion to Transfer Case. See document for details. Signed by Judge Rudolph Contreras on 4/20/2021. (lcrc1) (Entered: 04/20/2021)

    Read MoreRead Less
  • 04/20/2021
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  • Docket(#57) ORDER granting #41 Defendants' Motion to Transfer Case. See document for details. Signed by Judge Rudolph Contreras on 4/20/2021. (lcrc1) (Entered: 04/20/2021)

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  • 04/13/2021
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  • Docket(#56) TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on 04/09/2021; Page Numbers: 45. Date of Issuance:04/13/2021. Court Reporter/Transcriber L. Bankins, Telephone number 202-354-3243, Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/4/2021. Redacted Transcript Deadline set for 5/14/2021. Release of Transcript Restriction set for 7/12/2021.(Bankins, Lisa) (Entered: 04/13/2021)

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  • 04/09/2021
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  • DocketMinute Entry for proceedings held before Judge Rudolph Contreras: Motion Hearing held on 4/9/2021 re #41 MOTION to Transfer Case on behalf of all Defendants filed by ILLUMINA, INC. Oral argument heard, and the court takes the motion under advisement. (Court Reporter: Lisa Bankins.) (tj) (Entered: 04/09/2021)

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  • 04/08/2021
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  • Docket(#55) Memorandum in opposition to re #41 MOTION to Transfer Case on behalf of all Defendants filed by FEDERAL TRADE COMMISSION. (Attachments: #1 Text of Proposed Order Denying Defendants' Motion to Transfer Venue)(Musser, Susan) (Entered: 04/08/2021)

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  • 04/07/2021
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  • Docket(#54) NOTICE of Appearance by Michael J.. Zaken on behalf of ILLUMINA, INC. (Zaken, Michael) (Entered: 04/07/2021)

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47 More Docket Entries
  • 03/31/2021
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  • Docket(#10) NOTICE of Appearance by Anna M Rathbun on behalf of GRAIL, INC. (Rathbun, Anna) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#9) NOTICE of Appearance by Marguerite Mitchell Sullivan on behalf of GRAIL, INC. (Sullivan, Marguerite) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#8) ORDER granting #4 Plaintiff's Motion for TRO. See document for details. Signed by Judge Rudolph Contreras on 3/31/2021. (lcrc2) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#7) SUMMONS (2) Issued Electronically as to GRAIL, INC., ILLUMINA, INC. (Attachment: #1 Notice and Consent) (ztth) (Attachment 1 replaced on 3/31/2021) (ztth). (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#6) CIVIL COVER SHEET by FEDERAL TRADE COMMISSION. (ztth) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#5) MOTION for Protective Order by FEDERAL TRADE COMMISSION. (Attachment: #1 Text of Proposed Order) (ztth) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#4) MOTION for Temporary Restraining Order by FEDERAL TRADE COMMISSION. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) (ztth) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#3) SEALED COMPLAINT filed by FEDERAL TRADE COMMISSION. (This document is SEALED and only available to authorized persons.) (ztth) Modified event title on 4/1/2021 (znmw). (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#2) ORDER granting #1 Motion to File Complaint Under Seal. Signed by Chief Judge Beryl A. Howell on 3/31/2021. (ztth) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#1) MOTION to File Complaint Under Seal by FEDERAL TRADE COMMISSION. (Attachment: #1 Text of Proposed Order) (ztth) (Entered: 03/31/2021)

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