Illumina Completes Grail Buyout Despite Uncertainty In Regulatory Process

  • In defiance of FTC and EU scrutiny, Illumina Inc ILMN went ahead to complete its $8 billion acquisition of Grail.
  • The finalization of the buyout comes as the FTC sued to block the move in March and the European Commission continues its ongoing regulatory review. 
  • While there is no legal impediment preventing the deal from closing in the US, Illumina said the company would hold Grail as a separate entity during the EU audit to prevent European regulators from killing the deal.
  • Related: EU Regulators Temporarily Pause Illumina, Grail Deal Investigation
  • "The decision to make the acquisition and hold the companies separate permits the regulatory processes to proceed while safeguarding the life-saving, pro-competitive benefits of this vertical transaction without the deal expiring," Illumina general counsel Charles Dadswell said in a statement. "We will abide by any outcome ultimately reached by the courts."
  • Meanwhile, in the US, a trial in the FTC's administrative court is expected to begin next week, per the Wall Street Journal
  • Also See: Core sequencing business boosted Illumina's Q2 Earnings
  • Analyst Reaction: SVB Leerink downgraded Illumina to Market Perform from Outperform with a price target of $425, down from $510. 
  • Analyst Puneet Souda sees significantly tougher comparisons emerging in 2022 without any new major product cycle or further pricing reductions. 
  • Adding to that is rising uncertainty with Illumina's action to close the GRAIL acquisition, now locking in a significant dilution in 2022 despite a clear line of sight of true integration and an uncertain regulatory process that holds the potential to drag into 2025.
  • Price Action: ILMN shares are down 8.77% at $465.90 during the market session on the last check Thursday.
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