Avecor introduced its non-occlusive arterial pump in the Fall of 1997. Avecor's pump, which utilizes different technology, is still in the early stages of gaining market acceptance. The draft complaint alleges that Medtronic's proposed acquisition of Avecor would lessen competition in the United States market for research, development, manufacture and sale of non-occlusive arterial pumps. Arterial pumps are a perfusion device used primarily to stand in for the heart and lungs during surgical procedures involving those organs. These devices circulate and oxygenate the blood and regulate body temperature during heart bypass surgery and other procedures where the heart must be relieved of its pumping function.
Arterial pumps circulate the blood.
According to the complaint, there are no competitive substitutes for non-occlusive arterial pumps. The complaint alleges that the United States is the relevant geographic market in which to analyze the effects of the proposed acquisition. The complaint alleges that the United States market for research, development, manufacture and sale of non-occlusive arterial pumps is highly concentrated, and would become significantly more concentrated as a result of the acquisition. According to the draft complaint, entry into the United States market for research, development, manufacture and sale of non-occlusive arterial pumps is difficult and would not be timely, likely or sufficient to prevent the adverse competitive effects that may result from the proposed acquisition. The proposed consent order remedies the Commission's competitive concerns about the proposed acquisition.