Federal Trade Commission v. Illumina Inc.

I. INTRODUCTION

Two biotechnology firms agreed that one would acquire the other. The federal government then filed suit to stop the merger, arguing that the deal would stifle innovation and harm consumers. But before any court can decide whether the merger can go forward, this Court must determine where the litigation should take place. Between this district and a district that would be easier for the most witnesses to get to, the latter is more appropriate.

II. BACKGROUND

Illumina, Inc. is a market leader in genetic sequencing products. Redacted Compl. ¶¶ 5– 6, ECF No. 14. Its sequencing platforms are a key component in multi-cancer early detection tests, which promise to revolutionize cancer treatment. Id. ¶¶ 2, 6. These tests will allow healthcare providers to screen for a wide variety of cancers and detect cancer early on in a tumor’s development. Id. ¶¶ 2–3. Several biotechnology firms are racing to develop the technology and bring it to market. Id. ¶ 4. In 2015, Illumina formed GRAIL, Inc. to compete in that race. Id. ¶ 7. Two years later, however, Illumina reduced its share in GRAIL to below 20%. Id. ¶ 8. It currently owns just 14.5% of GRAIL’s voting…