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In the Matter of Kyphon, Inc., a corporation, Disc-O-Tech Medical Technologies Ltd., a corporation, and Discotech Orthopedic Technologies Inc., a corporation
FTC Matter/File Number
071 0101
Enforcement Type
Part 2 Consents

Case Summary

The Commission challenged Kyphon Inc.’s $220 million proposed acquisition of the spinal assets of Disc-O-Tech Medical Technologies, Ltd. and Discotech Orthopedic Technologies (collectively Disc-O-Tech) as anticompetitive in the market for minimally invasive vertebral compression fracture treatment products in the U.S. Disc-O-Tech’s Confidence products promised real benefits to patients in treating these painful fractures in a minimally invasive way, and threatened Kyphon’s near-monopoly on treatment options. The Commission’s consent order required that Kyphon divest all assets, intellectual property and development rights related to the Confidence brand to an FTC-approved buyer