International Remedy Resolves Canadian Concerns in Danaher Acquisition of MDS

Ottawa, February 26, 2010 — The Competition Bureau has reached an agreement with Danaher Corporation to resolve competition concerns with respect to its acquisition of MDS Inc.'s Analytical Technologies business. It has been determined that commitments made by Danaher to the Competition Bureau and a consent decree Danaher signed with the United States Federal Trade Commission adequately resolve competition concerns in Canada.

As an upfront resolution, Danaher agreed to divest MDS's Arcturus brand of laser microdissection (LMD) instruments, reagents and consumables to Life Technologies Corporation.

Danaher will include in the divestiture the transfer of all relevant Canadian intellectual property rights relating to or necessary for the supply of the Arcturus LMD instruments in Canada. LMD instruments are used by researchers to visualize and extract specific cells from microscopic regions of tissue that have been sectioned during the research process. The samples are then used for specialized testing, such as DNA analysis, RNA analysis, or protein profiling.

When reviewing international mergers, the Bureau's priority is to secure a remedy to resolve competition concerns in Canada. Where appropriate, the Bureau will refer to remedies agreed upon in other jurisdictions, provided that the remedies address the Bureau's concerns.


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