Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 6155 

time permits. It is EPA’s policy to 

include all comments it receives in the 

public docket without change and to 

make the comments available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless a comment includes information 

claimed to be confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the OEI Docket in the EPA Headquarters 

Docket Center. 

Dated: January 16, 2009. 

Rebecca Clark, 

Acting Director, National Center for 

Environmental Assessment. 

[FR Doc. E9–2466 Filed 2–4–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than February 

20, 2009. 

A. Federal Reserve Bank of Atlanta 

(Steve Foley, Vice President) 1000 

Peachtree Street, N.E., Atlanta, Georgia 

30309: 

1. Redemptus Group LLC, Atlanta, 

Georgia, to acquire voting shares of 

McIntosh Bancshares, Inc., and thereby 

indirectly acquire voting shares of 

McIntosh State Bank, both of Jackson, 

Georgia. 

Board of Governors of the Federal Reserve 

System, February 2, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–2459 Filed 2–4–09; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than March 2, 2009. 

A. Federal Reserve Bank of Dallas (E. 

Ann Worthy, Vice President) 2200 

North Pearl Street, Dallas, Texas 75201– 

2272: 

1. Bandera First State Bancshares, 

Inc., to become a bank holding company 

by acquiring 100 percent of the voting 

shares of Bandera First State Bank, a de 

novo bank, both of Bandera, Texas. 

Board of Governors of the Federal Reserve 

System, February 2, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–2458 Filed 2–4–09; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL TRADE COMMISSION 

[File No. 091 0000] 

Getinge AB and Datascope Corp.; 

Analysis of Agreement Containing 

Consent Order to Aid Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed Consent Agreement. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices or unfair 

methods of competition. The attached 

Analysis to Aid Public Comment 

describes both the allegations in the 

draft complaint and the terms of the 

consent order—embodied in the consent 

agreement—that would settle these 

allegations. 

DATES: Comments must be received on 

or before March 2, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments. 

Comments should refer to ‘‘Getinge 

Datascope, File No. 091 0000,’’ to 

facilitate the organization of comments. 

A comment filed in paper form should 


rwilkins on PROD1PC63 with NOTICES
6156 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

1 The comment must be accompanied by an 

explicit request for confidential treatment, 

including the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. 

The request will be granted or denied by the 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See 

Commission Rule 4.9(c), 16 CFR 4.9(c). 

include this reference both in the text 

and on the envelope, and should be 

mailed or delivered to the following 

address: Federal Trade Commission/ 

Office of the Secretary, Room 135-H, 

600 Pennsylvania Avenue, N.W., 

Washington, D.C. 20580. Comments 

containing confidential material must be 

filed in paper form, must be clearly 

labeled ‘‘Confidential,’’ and must 

comply with Commission Rule 4.9(c). 

16 CFR 4.9(c) (2005).1 The FTC is 

requesting that any comment filed in 

paper form be sent by courier or 

overnight service, if possible, because 

U.S. postal mail in the Washington area 

and at the Commission is subject to 

delay due to heightened security 

precautions. Comments that do not 

contain any nonpublic information may 

instead be filed in electronic form by 

following the instructions on the webbased form at (http:// 

secure.commentworks.com/ftcGetingeDatascope). To ensure that the 

Commission considers an electronic 

comment, you must file it on that webbased form. 

The FTC Act and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. All timely and responsive 

public comments, whether filed in 

paper or electronic form, will be 

considered by the Commission, and will 

be available to the public on the FTC 

website, to the extent practicable, at 

www.ftc.gov. As a matter of discretion, 

the FTC makes every effort to remove 

home contact information for 

individuals from the public comments it 

receives before placing those comments 

on the FTC website. More information, 

including routine uses permitted by the 

Privacy Act, may be found in the FTC’s 

privacy policy, at (http://www.ftc.gov/ 

ftc/privacy.shtm). 

FOR FURTHER INFORMATION CONTACT: 

David L. Inglefield, Bureau of 

Competition, 600 Pennsylvania Avenue, 

NW, Washington, D.C. 20580, (202) 326- 

2637. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

Commission Act, 38 Stat. 721, 15 U.S.C. 

46(f), and § 2.34 of the Commission 

Rules of Practice, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing a consent 

order to cease and desist, having been 

filed with and accepted, subject to final 

approval, by the Commission, has been 

placed on the public record for a period 

of thirty (30) days. The following 

Analysis to Aid Public Comment 

describes the terms of the consent 

agreement, and the allegations in the 

complaint. An electronic copy of the 

full text of the consent agreement 

package can be obtained from the FTC 

Home Page (for January 29, 2009), on 

the World Wide Web, at (http:// 

www.ftc.gov/os/2009/01/index.htm). A 

paper copy can be obtained from the 

FTC Public Reference Room, Room 130- 

H, 600 Pennsylvania Avenue, NW, 

Washington, D.C. 20580, either in 

person or by calling (202) 326-2222. 

Public comments are invited, and may 

be filed with the Commission in either 

paper or electronic form. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before the date specified 

in the DATES section. 

Analysis of Agreement Containing 

Consent Order to Aid Public Comment 

I. Introduction 

The Federal Trade Commission 

(‘‘Commission’’) has accepted, subject to 

final approval, an Agreement 

Containing Consent Order (‘‘Consent 

Agreement’’) from Getinge AB 

(‘‘Getinge’’) and Datascope Corp. 

(‘‘Datascope’’). The purpose of the 

proposed Consent Agreement is to 

remedy the anticompetitive effects that 

would otherwise result from Getinge’s 

acquisition of Datascope. Under the 

terms of the proposed Consent 

Agreement, Datascope is required to 

divestto a third party its endoscopic 

vessel harvesting (‘‘EVH’’) product line. 

The proposed Consent Agreement has 

been placed on the public record for 

thirty days to solicit comments from 

interested persons. Comments received 

during this period will become part of 

the public record. After thirty days, the 

Commission will again review the 

proposed Consent Agreement and the 

comments received, and will decide 

whether it should withdraw from the 

proposed Consent Agreement or make it 

final. 

Pursuant to an Agreement and Plan of 

Merger dated September 15, 2008, 

Getinge proposes to acquire all of the 

outstanding shares of Datascope 

common stock in a transaction valued at 

approximately $865 million. The 

Commission’s complaint alleges that the 

proposed acquisition, if consummated, 

would violate Section 7 of the Clayton 

Act, as amended, 15 U.S.C. § 18, and 

Section 5 of the Federal Trade 

Commission Act, as amended, 15 U.S.C. 

§ 45, by lessening competition in the 

U.S. market for EVH devices. The 

proposed Consent Agreement would 

remedy the alleged violations by 

replacing the competition that would be 

lost in this market as a result of the 

acquisition. 

II. The Parties 

Getinge is a leading global provider of 

equipment and systems in the 

healthcare and life sciences fields. 

Getinge is divided into three business 

segments: Medical Systems, Extended 

Care, and Infection Control. The 

Medical Systems segment manufactures 

and sells, among other things, surgical 

tables and lights. In January 2008, 

Getinge acquired the Cardiac and 

Vascular divisions of Boston Scientific 

Corporation, including Guidant’s EVH 

business, which Boston Scientific had 

purchased in 2006. The Boston 

Scientific divisions have been integrated 

into the Medical Systems segment of 

Getinge, and the products are now sold 

under the Maquet brand. In 2007, 

Getinge generated global sales of $2.2 

billion. 

Datascope is the world’s leading 

supplier of intra-aortic balloon pump 

counter pulsation devices, and is a 

diversified medical device company 

that develops, manufactures and sells 

proprietary products for clinical health 

care markets in interventional 

cardiology, cardiovascular and vascular 

surgery, and critical care. Datascope 

acquired the EVH devices at issue in 

this case from Ethicon, a Johnson & 

Johnson company, in January 2006. 

Datascope’s global sales for fiscal year 

2008 were $230.9 million, and its U.S. 

sales were $98.8 million. Datascopic’s 

EVH device is part of its Cardiac Assist 

business unit, which accounted for 

$189.3 million of Datascope’s 

worldwide sales. 

III. Endoscopic Vessel Harvesting 

Devices 

The EVH device market is the relevant 

product market in which to analyze the 

competitive effects of the proposed 

acquisition. EVH devices are used in 

coronary artery bypass graft (‘‘CABG’’) 

surgery, most often to remove the 

saphenous vein from the patient’s leg, or 

sometimes the radial artery from the 

arm, for use as a conduit to bypass one 

or more blocked coronary arteries. 

Because it is a minimally-invasive 

procedure, EVH provides several 

benefits over the other two vessel 

harvesting methods (open and bridging) 

both of which are more invasive, cause 

more pain and scarring, and carry a 

greater risk of infection. As a result, 


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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