FTC Receives Petition for Approval of Proposed Divestiture from Kyphon, Inc.

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Petition for approval of proposed divestiture: The Commission has received a petition from Kyphon, Inc. requesting approval of a proposed divestiture related to its recent acquisition of certain assets from Disc-O-Tech Medical Technologies, Ltd. and Discotech Orthopedic Technologies, Inc. (collectively Disc-O-Tech). The divestiture is required under an FTC decision and order announced in October 2007, alleging the transaction as proposed would substantially reduce competition in the U.S. market for minimally invasive vertebral compression fracture treatment products. As detailed in the petition, a public copy of which can be found on the FTC’s Web site as a link to this press release, Kyphon has requested approval to divest the Confidence Assets, as that term is defined in the decision and order, to DePuy Spine, Inc., a Johnson & Johnson company.

The FTC is accepting public comments on the proposed divestiture for 30 days, until December 12, 2007, after which it will decide whether to approve it. Comments should be sent to: FTC, Office of the Secretary, 600 Pennsylvania Ave., NW, Washington, DC 20580. (FTC File No. 071-0101, Docket No. C-4201; the staff contact is Daniel P. Ducore, Bureau of Competition, 202-326-2526; see press release dated October 9, 2007.)

Copies of the documents mentioned in this release are available from the FTC’s Web site 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.

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