The FTC has issued a second request under HSR for the Datascope (DSCP) - Getinge transaction. A DSCP press release states the following:
Getinge and Datascope remain committed to working cooperatively with the FTC as it conducts its review of the proposed acquisition and remain confident of a successful close to the transaction.
The vascular grafts product area is still considered by this publication to be the probable area of interest in this case, as both companies currently offer these very complex, and critical, surgical products. Part of the issue here is likely that fact that very recent market share data for these products is not readily available, if it indeed exists at all. Thus, the companies must be able to produce and supply this data to the FTC fairly quickly if they have any hope of completing this transaction before the end of the year.
It must be pointed out the second requests for medical products mergers, or any high-tech, narrow market product merger for that matter, have been very rare over the last several years, so confidently assessing the outcome for this case is extremely difficult. It is not considered likely that this second request will be resolved within the next two months, especially when factoring in the November and December holiday periods. Therefore, it seems safe to assume that Getinge will need to extend the tender offer at least into January of 2008, via multiple extensions, in order to obtain FTC consent.