FTC Approves Final Order Requiring Divestiture of 2 Medical Device Product Lines as Condition of Becton, Dickinson and Company Acquiring C. R. Bard, Inc.

Following a public comment period, the Federal Trade Commission has approved a final order settling charges that medical technology company Becton, Dickinson’s proposed $24 billion acquisition of competitor C. R. Bard would violate federal antitrust law by harming competition in two U.S. markets for certain medical devices. Specifically, the markets at issue concern tunneled home drainage catheter systems, which are used to treat recurrent fluid build-up in the lungs and abdomen, and soft tissue core needle biopsy devices, which are typically used by doctors to remove small samples of tissue from soft tissue organs.

Under the terms of the order, Becton, Dickinson’s soft tissue core needle biopsy device business and Bard’s tunneled home drainage catheter system business will both be divested to Utah-based medical device supplier Merit Medical Systems, Inc.

The Commission vote approving the final Order was 2-0. (FTC File No. 171 0140 ; the staff contact is Jared Nagley, Northeast Regional Office, 212-607-2813.)

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