Can anyone give me a credible explanation for why the Federal Trade Commission moved to block the reconsolidation of Illumnina and Grail? This article by Joe Lonsdale at STAT provides a little background:
Illumina’s acquisition of Grail would be a vertical merger. Rather than removing a direct competitor, as in a horizontal merger — think GM buying Ford — a vertical merger brings together two firms at different stages in the same supply chain, allowing for greater financial and operational efficiency.
Illumina has an effective monopoly on genomic sequencing, a critical input for the liquid biopsy products offered by Grail and its competitors. The FTC argues that if this vertical merger is approved, Illumina could underprice Grail’s products, giving the company an unfair advantage over its competitors.
That argument is wrong. First, low prices are a healthy form of competition that would make Grail’s liquid biopsies cheaper for consumers. Second, decades of economic analysis have shown that most vertical mergers increase competition, especially in fields that rely heavily on R&D.
Vertical mergers such as Illumina’s acquisition of Grail accelerate the pace at which innovations reach the marketplace. The reason is simple: Startups need to focus on one big problem at a time. Research startups like Grail take on tremendous risk as they develop new biotechnologies. Most fail, and even fewer would succeed if they also had to bear the risk of bringing their innovations to market.
A “diverse array of American innovators” has put together a petition (PDF) protesting the FTC’s action:
We fear the FTC’s new challenge will not only slow the deployment of GRAIL’s screening tools, but also have repercussions undermining innovation broadly. Mergers and acquisitions are vital for innovation, providing many start-ups with investment needed to scale, market, or even fully develop their product—which, in turn, attracts investment in future products and companies. In the United States, mergers and acquisitions are a $1.6 trillion market, and if the FTC takes an overzealous approach to antitrust enforcement, it will have a chilling effect on the deployment of new technologies across the economy.
The FTC should drop its challenge to the Illumina-GRAIL merger and take a targeted approach to antitrust enforcement, intervening only where there is clear evidence a deal will harm consumers. If the FTC pursues that prudent course, it can help unleash innovations key to meeting the great challenges of our time.
I find it puzzling. Over the last decade or so the FTC has allowed quite a few much more threatening acquisitions than this. They’re giving me the impression that the only form of innovation the Biden Administration is interested in is government innovation.
I don’t know how many people here have gone to Washington to testify in front of the FTC. I have.
To say it was not inspiring is a tremendous understatement. The process was largely ideological. The economists (yes, those) conducting the inquiry were, uh, uninspiring as well.
I guess all the good government hires went to the CDC (snicker)
Trump- ” I will hire the best and most serious people.â€
Steve
PS- I dont know this product but I have seen other medical products/devices advocated for in the WSJ and similar. Of the I know well about half are portrayed as vertical integration or not decreasing competition when they actually were. Unless you know the author personally and the products very well I would not take this at face value. Not saying it is wrong just saying hard to know if it is true.
Steve
This maybe a case of Illumina being on the antitrust naughty list from a blocked attempt at horizontal integration a few years ago.
A sort of precedent is ATT; where the government blocked its attempt to acquire T-mobile; and subsequently the government attempted to block its attempt to buy Time Warner.
I think there is nuance to vertical integration. Unlike horizontal integration it does not by default decrease competition or harm consumers; but it does not by default increase competition or benefit consumers either. An example of hurting competition is in software with respect to operating systems and application software/app stores. The recent Apple/Epic games trial; Apple didn’t dispute the IOS App Store decreased competition in the App Store space; they were mainly arguing that it benefited customers more then it hurt. An example of it being neutral is the Att/Time Warner which left both parts weaker and is being unwound.
As to this specific case; it probably hinges on how real is Grail’s technology. I am skeptical this is a technology that will be given FDA approval in the next couple of years.
“I think there is nuance to vertical integration. Unlike horizontal integration it does not by default decrease competition or harm consumers; but it does not by default increase competition or benefit consumers either.â€
True. But horizontal integration is not necessarily bad either. It can rebalance the bargaining power between groups in the supply chain. Imagine a supplier of epoxy resin who takes advantage of its position to raise the price of material used in laboratory work surfaces. A horizontal merger of work surface suppliers could rebalance bargaining power.
Or think of what Felix Gallardo did to consolidate the Mexican cocaine distribution network to take power from those evilly monopolistic Colombians…. Well, or something like that.