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

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In the Matter of Fresenius Medical Care AG & Co. KGaA
FTC Matter/File Number:

111 0170

Docket Number:

C-4348

Enforcement Type:

Part 2 Consents

Case Summary

On 2/28/2012, the FTC required Fresenius Medical Care AG & Co. KGaA to sell 60 outpatient dialysis clinics in 43 local markets under a proposed settlement resolving charges that its acquisition of rival dialysis provider Liberty Dialysis Holdings, Inc. would harm competition in numerous local markets for outpatient dialysis services around the country. By requiring the sales, the FTC settlement preserves competition in each of the local markets, and protects renal care patients from anticompetitive price increases or reductions in quality of care. According to the FTC, Fresenius's acquisition of Liberty would eliminate head-to-head competition between the firms in the 43 markets at issue, leading to higher prices and reduced quality for dialysis consumers. The proposed acquisition allegedly would to lead to monopolies for outpatient dialysis services in 17 of the 43 local markets. In 24 other markets, the proposed acquisition would cause the number of dialysis providers to drop from three to two. Competition would be significantly reduced in the remaining two markets. On 5/25/2012, the FTC approved a modified final order settling charges concerning Fresenius Medical Care AG & Co. KGaA's acquisition of Liberty Dialysis Holdings, Inc.