April 28, 2016
Partner David Evans was quoted in the Law360 article “Abbott's Cardio-Focused $25B Deal Could Raise FTC's Pulse.” Abbott Laboratories has touted its proposed $25 billion acquisition of medical device maker St. Jude Medical as a chance to combine the companies’ cardiovascular device offerings, but attorneys say that any overlap in that area could become a target for a divestiture order from the Federal Trade Commission. Mr. Evans notes that, “They would have to be in almost completely different markets for this to sail through. There will be overlaps, and I think the FTC will want to take a close look at those overlaps and educate themselves on what specific products are involved and how they compete, particularly if there is significant intellectual property involved.” He went on to discuss how attorneys for both companies may be analyzing product overlap. “I think the main discussion is going to be the scope of the divestitures," Mr. Evans said. "The FTC will be pushing a little harder to have more devices included. The parties will try and push for it to be smaller, but they will have cordoned off what assets they think will be in play, and they will have run their numbers to make sure that the deal is still worthwhile if they divest those assets.”
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