Fresenius AG; Fresenius USA, Inc.; Proposed Consent Agreement With Analysis To Aid Public Comment

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In settlement of alleged violations of federal law prohibiting unfair or deceptive acts or practices and unfair methods of competition, this consent agreement, accepted subject to final Commission approval, would require, among other things, the Walnut Creek, California-based subsidiary of Fresenius AG to divest its Lewisberry, Pennsylvania hemodialysis concentrate plant to Di-Chem, Inc. The consent agreement settles antitrust concerns stemming from Fresenius' proposed acquisition of National Medical Care, Inc. (NMC) from W.R. Grace & Co. Fresenius is one of the world's leading producers of kidney dialysis equipment, and NMC is the largest dialysis services company in the United States. The draft complaint alleges that Fresenius' acquisition of NMC would produce a firm with a market share of approximately 45-50 percent of the hemodialysis concentrate market.