Illumina v. FTC: The Clayton Act Protects Competition in Future Markets

A previous article in this journal, Protecting Competition to Innovate is Protecting Competition in Future Markets: Ten Law Review Articles Leave No Doubt showed that when the enforcers claim to protect competition to innovate they actually protect competition in Future Markets, markets for products which do not exist yet. In its recently issued opinion in Illumina v. FTC the Fifth Circuit, first, showed that this is correct, and second and very relatedly, held — for the first time — that th