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Illumina Receives Second Information Request from FTC in Bid for Complete Genomics; BGI Extends its Offer

NEW YORK (GenomeWeb News) – Illumina said in a regulatory filing after the close of the market on Thursday that it has received a second request from the US Federal Trade Commission for additional information related to the company’s effort to acquire Complete Genomics.

Separately, BGI-Shenzhen said also on Thursday that it has extended its cash tender offer for Complete Genomics.

Illumina’s disclosure comes as it tries to convince Complete Genomics to abandon its $117.6 million deal with BGI and instead agree to be bought by Illumina. The San Diego company made an offer last month to acquire Complete Genomics at about 5 percent above what BGI is offering.

Complete Genomics has resisted Illumina’s overtures, citing concerns that such a merger would not pass muster with regulators. In late November, Illumina made a notification filing with the US Department of Justice and FTC in connection with its proposed plan to buy Complete Genomics as a way of getting clarity on whether such a deal would clear regulatory hurdles.

In its document filed yesterday with the US Securities and Exchange Commission, Illumina said it "intends to work collaboratively with the FTC staff in connection with its review of the proposed acquisition."

In the meantime, BGI-Shenzhen extended its cash tender offer for Complete Genomics to midnight Dec. 31. The offer was previously extended in November and was set to expire at midnight Dec. 14.

As of the close of the business on Thursday, about 14.4 million shares, or 40 percent of the common stock of Complete Genomics had been validly tendered and not withdrawn from the offer, BGI said.

In a letter to Complete Genomics employees this week, its President and CEO Clifford Reid said that its merger with BGI is anticipated to close during the first quarter of 2013.

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