Legal Library: Cases and Proceedings

The Commission challenged Danaher’s proposed acquisition of MDS Analytical Technologies, requiring that MDS divest its assets related to its laser microdissection business. The proposed settlement is designed to preserve competition in the North American market for laser microdissection devices – a key tool for scientific research.

The Commission challenged Service Corporation International's (SCI) proposed acquisition of local rival Palm Mortuary, Inc.  At the time of the acquisition, SCI, the nation’s largest cemetery operator, was the third-largest provider of cemetery services in Las Vegas, Nevada, and after the acquisition of Palm, would have controlled 76 percent of the market for funeral services, which includes burial plots, opening and closing of graves, memorials, burial vaults, mausoleum spaces, and cemetery maintenance. The Commission's order required SCI to sell its cemetery and funeral home in Las Vegas to complete the acquisition of Palm.

The Commission charged that Watson Pharmaceuticals, Inc.’s acquisition of Robin Hood Holdings Limited, owner of Arrow Pharmaceuticals, would have harmed consumers by eliminating future competition for important generic drugs used to treat Parkinson’s disease (cabergoline) and the side effects of chemotherapy (dronabinol). The Commission’s order requires the firms to sell assets related to the two drugs to FTC-approved buyers and to ensure the acquirers have the means to compete effectively in the future.

There is a related federal proceeding and two related administrative proceedings:

• Watson Pharmaceuticals / Actavis Inc.
• Watson Pharmaceuticals, Inc. and Andrx Corporation

Under terms of the order, Aspen agreed to divest Hypotech’s continuous process and batch process assets and Aspen’s operator training software and service business to a Commission-approved buyer to settle charges in the complaint and resolve the administrative proceedings. The Commission issued an administrative complaint on August 6, 2003 that challenged Aspen’s 2002 acquisition of Hyprotech, Ltd. alleging that the acquisition eliminated a significant competitor in the provision of process engineering simulation software for industry. According to the complaint, the acquisition has led to reduced innovation competition in six specific process engineering simulation software markets.