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FTC’s proposed order requires Fresenius to divest 60 dialysis clinics to acquire Liberty Dialysis Holdings

By  |  February 28, 2012

The FTC has announced a proposed order requiring Fresenius Medical Care to divest 60 dialysis clinics before acquiring Liberty Dialysis Holdings. Fresenius operates more than 1,800 outpatient dialysis clinics in the U.S.; Liberty operates 260 dialysis centers. The divestitures would occur in Dallas and Anchorage. The FTC’s order also contains additional terms ensuring transion services for the divested clinics and places conditions on Fresenius’ activities with the clinics.

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    The settlement would resolve charges that the $2.1 billion deal would violate Section 5 of the FTC Act and Section 7 of the Clayton Act. According to the FTC, the acquisition would create monopolies for outpatient dialysis services in 17 of 43 local markets, and competition would be greatly diminished in the remaining markets.

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    Source: FTC Press Release

     

    Related content: Observations on the Commission’s Evanston Remedy: When Is Divestiture, or Any Remedy, Not Appropriate for a Consummated Anticompetitive Merger? (Mark Botti, Akin Gump)