CADE to review the acquisition of endoscopic vacuum therapy assets from B. Braun

The Administrative Council for Economic Defense (CADE) is to review the acquisition of certain endoscopic vacuum therapy assets (and all rights reserved) from B. Braun Surgical and Aesculap AG, indirect subsidiaries of Boston Scientific Corporation (BSC).

BSC is a US-based company that develops, manufactures, and sells medical devices for interventional medical specialties. These include interventional cardiology, endovascular intervention, electrophysiology, endoscopy, radiology/oncology, urology, bronchoscopy, and neuromodulation. While B. Braun, a German-based company, is one of the world's leading healthcare providers. 

The acquisition includes the Endo-SPONGE®, the Eso-SPONGE®, and the Endo-SPONGE® Fistula and their respective replacements, upgrades, and accessories. These products are used in the treatment of anastomotic leaks and perforations in the upper gastrointestinal tract and in the colorectal area, which lead to abscesses surrounded by necrotic tissue. 

Based on the forms submitted to CADE, the transaction is to expand BSC's activities in a field not currently operated. Meanwhile, for the B. Braun Group, the transaction is to enable the gathering of resources best suited to its corporate strategies.  

Time limit for review 

According to the legislation, the merger review must take no longer than 240 days. The legal time limit is extendable for up to 90 days upon a reasoned decision by the Tribunal or up to 60 days upon request by the parties. 

Mergers can be reviewed as summary cases—when regarded as less complex from a competition point of view—or ordinary—when requiring more in-depth analysis. The assessment of the transactions subject to a summary proceeding must be concluded in 30 days as per Resolution 33/2022.