FTC Seeks Public Comment on Fresenius Medical Care Application

The Federal Trade Commission is seekingpublic comment on an application by Fresenius Medical Care AG & Co. KGaA toestablish a new outpatient hemodialysis clinic.

The application is related to the FTC’scomplaint 35 21656 35 7588 0 0 2606 0 0:00:08 0:00:02 0:00:06 2606and proposed order, announced on February 28, 2012, allowingFresenius’s proposed acquisition of Liberty Dialysis Holdings, Inc. Under theproposed order, Fresenius was required to sell 60 dialysis clinics throughoutthe United States to ensure continued competition after the deal was completed.The order, which became final on May 25, 2012, also prohibited Fresenius fromre-acquiring, without prior Commission approval, any interests in the clinicsit had to divest.

Fresenius now intends to establish anoutpatient hemodialysis clinic on a property it previously divested as acondition of its acquisition of Liberty. In its application seeking priorCommission approval of the plan, Fresenius states that: 1) the new clinic doesnot threaten, and will not cause, any potential reduction in competition; and2) the establishment of the clinic is the most expeditious and efficient wayfor the company to introduce a new outpatient hemodialysis clinic needed bypatients in the surrounding area.

The Commission will decide whether toapprove Fresenius’s application following the expiration of a 30-day publiccomment period. Public comments may be submitted until November 7, 2017.Written comments should be sent to: FTC Office of the Secretary, 600Pennsylvania Ave., N.W., Washington, DC 20580.

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