Will The FTC Evade A String Of Constitutional Attacks?

Less than two months ago, the FTC faced at least five separate lawsuits challenging the constitutionality of the agency in response to antitrust actions. Today, three of those have been settled or dismissed, and a fourth appears to be in question.

On August 31, the FTC settled its challenge of ICE/Black Knight. On September 1, the FTC settled its challenge of Amgen/Horizon. And on October 6, the FTC dismissed its challenge of Axon/Safariland.

Some consider the constitutional challenge in Illumina/Grail to be the most significant recent attack on the FTC. That lawsuit is pending with the Fifth Circuit after arguments were held on September 12. Across the Atlantic, on October 12 the European Commission ordered Illumina to divest Grail. The Fifth Circuit panel took notice of this development and sent a letter to counsel on October 18 asking for an update about the European Commission's order and any impact on the Fifth Circuit's case. It seems that the Fifth