Fresenius Medical Care AG & Co. KGaA, et al., In the Matter of

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In the Matter of Fresenius Medical Care AG & Co. KGaA, a German partnership, and Daiichi Sankyo Company, Ltd., a Japanese corporation.
FTC Matter/File Number:

081 0146

Enforcement Type:

Part 2 Consents

Case Summary

The Commission challenged Fresenius Medical Care’s proposed purchase of an exclusive sublicense for the manufacture and supply of the drug Venofer to US dialysis clinics from Daiichi Sankyo Company. Venofer is an intravenously administered iron sucrose preparation used primarily to treat iron-deficiency anemia in dialysis patients with chronic kidney disease. The agreement would have given Fresenius, the largest operator of dialysis clinics in the country, the ability to artificially inflate its internal costs for Venofer, and effectively increase Medicare reimbursement payments for all buyers of the drug. In order to settle these concerns about anticompetitive self-dealing, the Commission issued a consent order restricting Fresenius from reporting internally inflated Venofer prices by mandating that the current market price for the drug be used in reporting the average selling price to Medicare.