FTC Seeks Public Comments on Agilent Technologies Application to Modify its Divestiture Obligation Related to Varian Acquisition

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The Federal Trade Commission is seeking public comments on an application by Agilent Technologies, Inc. to modify the final FTC Order settling charges that Agilent’s acquisition of Varian, Inc. would reduce competition in the market for high-performance scientific measuring instruments such as gas chromatographs. A public version of the application can be found on the FTC’s website at http://www.ftc.gov/os/caselist/0910135/index.shtm.

The final Order, which was issued on July 2, 2010, required Agilent to sell Varian’s scientific measuring instrument business to Bruker Corporation. As part of that divestiture agreement, the parties entered into a transition services agreement under which former Varian employees are working for Bruker to assemble the instruments at a facility in Melbourne, Australia. Agilent now seeks to alter some of the terms of the transition services agreement relating to the working requirements of the employees assembling the devices. Details of the proposed modification can be found in Agilent’s application.

The FTC is accepting public comments on the petition for 30 days, starting today and continuing through October 18, 2010. Comments can be sent to: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. (FTC File No. 091-0132; the staff contact is Eric D. Rohlck, Bureau of Competition, 202-326-2681. See press release dated May 14, 2010 at http://www.ftc.gov/opa/2010/05/agilent.shtm.)

Copies of the documents mentioned in this release are available from the FTC’s website at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

(FYI 37.2010.wpd)

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