Commission Approves Divestiture in Matter of DaVita/Gambro; FTC Approves Petition for Sale of Meow Mix Company to Del Monte Corporation; Final Consent Order Approved in Matter of Dynamic Health of Florida

Commission approval of proposed divestitures: The Commission has granted a petition from DaVita Inc. (DaVita) requesting approval of a proposed divestiture related to its recent acquisition of Gambro Healthcare (Gambro). Under the consent order, issued to resolve the competitive problems in the renal dialysis industry raised by DaVita’s acquisition of Gambro, DaVita is required to sell its four “Owned Real Property” assets, as that term is defined in the FTC’s order, to a Commission-approved buyer. DaVita also was required to divest 69 renal dialysis clinics, including the four clinics that rent from these four owned properties, which it has done in earlier transactions.

Through its petition, DaVita requested approval to divest the four Owned Real Property assets to two real estate management companies: the Armstrong Group and Oman-Gibson Associates and its principal and co-founder Bond E. Oman. In a related filing, DaVita filed a motion requesting that the Commission extend by 60 days the deadline for the required real estate divestitures. By a vote of 5-0, the Commission has approved the proposed divestiture and extended the time DaVita has to accomplish the sale for two weeks after its approval by the FTC. (FTC File No. 051 0051, Docket No. C-4152; the staff contact is Daniel P. Ducore, 202-326-2526; see press release dated October 4, 2005, and February 7, 2006.)

The Commission has approved a petition from The Cypress Group, related to a 2001 consent order concerning Nestle Holdings, Inc. and Ralston Purina Company. In the petition, Cypress had requested FTC approval to sell The Meow Mix Company to the Del Monte Corporation. Under the 2001 FTC order, the Commission required the divestiture of the Meow Mix and Alley Cat cat food brands (the Meow Mix assets) to J.W. Childs Equity Partners II, L.P., and provided that any subsequent sale of these assets before February 4, 2007, would require the Commission’s approval. J.W. Childs subsequently sought and received the Commission’s approval to sell the Meow Mix assets to Cypress, which has asked for approval to sell those assets to Del Monte. The Commission vote approving the sale was 5-0. (FTC Docket No. C-4028; the staff contact is Roberta Baruch, Bureau of Competition, 202-326-2861; see press releases dated December 11, 2001; August 19, 2003; and March 28, 2006.)

Commission approval of final consent order: Following a public comment period, the Commission has approved the issuance of a final consent order in the matter concerning Vineet K. Chhabra (also known as Vincent K. Chhabra) and his companies, Dynamic Health of Florida, LLC, and Chhabra Group, LLC. The Commission vote approving the final order was 5-0. Copies are available now on the FTC’s Web site as a link to this press release. (FTC Docket No. D09317; the staff contact is Janet Evans, Bureau of Consumer Protection, 202-326-2125; see press release dated April 6, 2006.)

Copies of the legal documents associated with these cases are available from the FTC’s Web site at http://www.ftc.gov and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint in English or Spanish (bilingual counselors are available to take complaints), or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357).