Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 6157 

neither of the other methods is 

considered a viable economic 

alternative for EVH devices. EVH 

devices, therefore, constitute a separate 

product market. 

The United States is the relevant 

geographic market in which to analyze 

the effects of the proposed acquisition 

on the EVH device market. EVH devices 

are subject to regulation and cannot be 

marketed or sold in the United States 

without prior approval from the U.S. 

Food and Drug Administration (‘‘FDA’’). 

Receiving FDA approval to market an 

EVH device in the United States can be 

a lengthy process. EVH devices sold 

outside of the United States but not 

approved by the FDA for sale in the 

United States therefore do not provide 

viable competitive alternatives for U.S. 

consumers. 

The U.S. market for EVH devices is 

highly concentrated, and together, the 

combined firm would account for 

approximately 90 percent of this market. 

Firms seeking to enter the market for 

EVH devices face regulatory hurdles and 

significant intellectual property barriers, 

both of which make entry into the 

market for EVH devices in the next two 

to three years highly unlikely. In 

addition, while the use of EVH devices 

in CABG surgery is increasing, the 

number of CABG procedures and related 

vessel harvesting procedures performed 

in the United States has been declining 

as minimally-invasive stenting 

procedures have increased. As a result, 

it is unlikely that firms would find it 

profitable to enter the EVH device 

market in response to a modest increase 

in the price of the devices. 

The proposed acquisition would 

result in a duopoly in the market for 

EVH devices and is likely to lead to 

increased prices and decreased 

innovation for those devices. 

IV. The Consent Agreement 

The proposed Consent Agreement 

effectively remedies the proposed 

acquisition’s anticompetitive effects in 

the U.S. market for EVH devices by 

requiring Datascope to divest its EVH 

product line to a Commission-approved 

buyer at no minimum price. Datascope 

has reached an agreement to divest the 

EVH business to Sorin Group USA, Inc. 

Sorin, a diversified medical device 

company, has a line of cardiovascular 

products, including artificial cardiac 

valves and coronary stents. Pursuant to 

the Consent Agreement, Datascope is 

required to accomplish the divestiture 

of its EVH product line no later than ten 

days after the acquisition is 

consummated. 

The divestiture will allow Sorin to 

enter and compete in the EVH market. 

The assets to be divested include all 

third party contracts to supply the 

components of the EVH product line. In 

addition, the Consent Agreement 

requires Getinge to grant the 

Commission-approved buyer a covenant 

not to sue for infringement of any EVHrelated patents that Getinge or 

Datascope held at the time of the 

acquisition. The Consent Agreement 

also permits Datascope to provide 

certain transitional services to the 

Commission-approved buyer of the EVH 

product line assets. These services may 

be necessary to ensure a smooth 

transition of the product line to the 

acquirer and continued and 

uninterrupted service to customers 

during the transition. The purchaser 

will have a secure supply of the EVH 

product line because third parties 

supply the components of the EVH 

product line. Further, Sorin currently is 

capable of assembling the components 

and marketing the finished products. 

V. Appointment of an Interim Monitor 

and a Divestiture Trustee 

The proposed Consent Agreement 

includes a provision that allows the 

Commission to appoint an interim 

monitor to oversee Datascope’s 

compliance with all of its obligations 

and performance of its responsibilities 

pursuant to the Commission’s Decision 

and Order. If appointed, the interim 

monitor would be required to file 

periodic reports with the Commission to 

ensure that the Commission remains 

informed about the status of the 

divestitures, the efforts being made to 

accomplish the divestiture, and the 

provision of services and assistance 

during the transition period. 

Finally, the proposed Consent 

Agreement contains provisions that 

allow the Commission to appoint a 

divestiture trustee if any or all of the 

above remedies are not accomplished 

within the time frames required by the 

Consent Agreement. The divestiture 

trustee may be appointed to accomplish 

any and all of the remedies required by 

the proposed Consent Agreement that 

have not yet been fulfilled upon 

expiration of the time period allotted for 

each. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed Consent Agreement, and it is 

not intended to constitute an official 

interpretation of the proposed Decision 

and Order or to modify its terms in any 

way. By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E9–2376 Filed 2–4–09: 8:45 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

Granting of Request for Early 

Termination of the Waiting Period 

Under the Premerger Notification 

Rules 

Section 7A of the Clayton Act, 15 

U.S.C. 18a, as added by Title II of the 

Hart-Scott Rodino Antitrust 

Improvements Act of 1976, requires 

persons contemplating certain mergers 

or acquisitions to give the Federal Trade 

Commission and the Assistant Attorney 

General advance notice and to wait 

designated periods before 

consummation of such plans. Section 

7A(b)(2) of the Act permits the agencies, 

in individual cases, to terminate this 

waiting period prior to its expiration 

and requires that notice of this action be 

published in the Federal Register. 

The following transactions were 

granted early termination of the waiting 

period provided by law and the 

premerger notification rules. The grants 

were made by the Federal Trade 

Commission and the Assistant Attorney 

General for the Antitrust Division of the 

Department of Justice. Neither agency 

intends to take any action with respect 

to these proposed acquisitions during 

the applicable waiting period. 

Trans No. Acquiring Acquired Entities 

Transactions Granted Early Termination—01/05/2009 

20090214 ......................... Industrial Growth Partners III, L.P ..... Robert F. O’Brien .............................. CARDINALUHP LLC, OBCORP LLC, 

OBCORP, LLC. 

Transactions Granted Early Termination—01/06/2009 

20090226 ......................... Renaissance Acquisition Corp .......... First Communications, Inc ................. First Communications, Inc. 


rwilkins on PROD1PC63 with NOTICES
6158 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

Trans No. Acquiring Acquired Entities 

Transactions Granted Early Termination—01/09/2009 

20090215 ......................... Grupo Bimbo, S.A.B. de C.V ............ W. Galen Weston .............................. Weston Foods, Inc. 

20090229 ......................... Iowa Telecommunications Services, 

Inc.

Sherbume Tele Systems, Inc ............ Northstar Access, LLC, Northstar 

Tele-Com, Inc., Sherbume CableCorn, Inc., Sherburne County 

Rural Telephone, Co., Sherbume 

Fiber-Corn, Inc., Sherbume Long 

Distance, Inc., Sherbume TelCorn, Inc., Sherburne Tele Systems, Inc. 

20090239 ......................... Bain Capital (CC) IX, L.P .................. Mr. Sumner M. Redstone .................. CBS Radio Holdings, Inc. 

20090240 ......................... Thomas H. Lee Equity Fund VI, L.P Mr. Sumner M. Redstone .................. CBS Radio Holdings, Inc. 

Transactions Granted Early Termination—01/12/2009 

20090235 ......................... ETIRPC ............................................. Eclipse Aviation Corporation ............. Eclipse Aviation Corporation. 

Transactions Granted Early Termination—01/15/2009 

20090219 ......................... Ryder System, Inc ............................. Edart Leasing Company, LLC ........... Edart Leasing Company, LLC. 

Transactions Granted Early Termination—01/16/2009 

20090141 ......................... SAFRAN ............................................ Motorola, Inc ...................................... Printrak International, Inc. 

Transactions Granted Early Termination—01/21/2009 

20090248 ......................... *COM041*Seidler Equity Partners III, 

L.P.

Stuart Utgaard ................................... Sportsman’s Warehouse Holdings, 

Inc. 

20090253 ......................... Phillip G. Ruffin ................................. Kirk Kerkorian .................................... Treasure Island Corp. 

Transactions Granted Early Termination—01/23/2009 

20090159 ......................... L–3 Communications Holdings, Inc .. Chesapeake Sciences Corporation ... Chesapeake Sciences Corporation. 

20090231 ......................... Sequoia Capital Franchise Fund LP Green Dot Corporation ...................... Green Dot Corporation. 

FOR FURTHER INFORMATION CONTACT: 

Sandra M. Peay, Contact Representative, 

or Renee Hallman, Contact 

Representative, Federal Trade 

Commission, Premerger Notification 

Office, Bureau of Competition, Room H– 

303, Washington, DC 20580, (202) 326– 

3100. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E9–2380 Filed 2–4–09; 8:45 am] 

BILLING CODE 6750–01–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Announcement of Meeting of the 

Secretary’s Advisory Committee on 

National Health Promotion and Disease 

Prevention Objectives for 2020 

AGENCY: Department of Health and 

Human Services, Office of the Secretary, 

Office of Public Health and Science, 

Office of Disease Prevention and Health 

Promotion. 

ACTION: Notice of meeting. 

Authority: 42 U.S.C. 217a, Section 222 of 

the Public Health Service Act, as amended. 

The Committee is governed by the provision 

of Public Law 92–463, as amended (5 U.S.C. 

Appendix 2), which sets forth standards for 

the formation and use of advisory 

committees. 

SUMMARY: The U.S. Department of 

Health and Human Services (HHS) 

announces the ninth in a series of 

federal advisory committee meetings 

regarding the national health promotion 

and disease prevention objectives for 

2020 to be held in Washington, DC. This 

meeting will be open to the public. The 

Secretary’s Advisory Committee on 

National Health Promotion and Disease 

Prevention Objectives for 2020 will 

address efforts to develop the nation’s 

health promotion and disease 

prevention objectives and strategies to 

improve the health status and reduce 

health risks for Americans by the year 

2020. The Committee will provide to the 

Secretary of Health and Human Services 

advice and consultation for developing 

and implementing the next iteration of 

national health promotion and disease 

prevention goals and objectives and 

provide recommendations for initiatives 

to occur during the initial 

implementation phase of the goals and 

objectives. HHS will use the 

recommendations to inform the 

development of the national health 

promotion and disease prevention 

objectives for 2020 and the process for 

implementing the objectives. The intent 

is to develop and launch objectives 

designed to improve the health status 

and reduce health risks for Americans 

by the year 2020. 

DATES: The Committee will meet on 

February 23, 2009 from 4:30 p.m. to 6:30 

p.m. Eastern Standard Time (EST). 

ADDRESSES: The meeting will be held 

online, via WebEx software. For detailed 

instructions about how to make sure 

that your windows computer and 

browser is set up for WebEx, please visit 

the ‘‘Secretary’s Advisory Committee’’ 

Web page of the Healthy People Web 

site at: http://www.healthypeople.gov/ 

hp2020/advisory/default.asp. 

FOR FURTHER INFORMATION CONTACT: 

Emmeline Ochiai, Designated Federal 

Officer, Secretary’s Advisory Committee 

on National Health Promotion and 

Disease Prevention Objectives for 2020, 

U.S. Department of Health and Human 

Services, Office of Public Health and 

Science, Office of Disease Prevention 

and Health Promotion, 1101 Wootton 


rwilkins on PROD1PC63 with NOTICES