U.S. Court of Appeals for the Fifth Circuit

Case Status

Docket Number


Case Updates

Fifth Circuit vacates FTC order, holding that the Commission applied the incorrect standard when it required Illumina to show that, as a result of a proposed remedial action, the merger would not lessen competition at all, rather than that it would not substantially reduce competition

December 15, 2023


U.S. Chamber files amicus brief urging Fifth Circuit to reject the Federal Trade Commission’s novel and aggressive approach to vertical mergers, which relies only on speculation or conjecture, and instead hold that the government must rely on real-world evidence to block a presumptively procompetitive vertical merger

June 12, 2023

Click here to view the Chamber's brief.

Jeffrey M. Harris and Frank H. Chang of Consovoy McCarthy PLLC and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents