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U.S. v. BOSTON SCIENTIFIC CORP.

No. CIV.A.00-12247-PBS.

253 F.Supp.2d 85 (2003)

UNITED STATES of America, Plaintiff, v. BOSTON SCIENTIFIC CORPORATION, Defendant.

United States District Court, D. Massachusetts.

March 28, 2003.

Attorney(s) appearing for the Case

Drake Cutini, Patrick Jasperse, U.S. Department of Justice, Office of Consumer Litigation, Washington, DC, Anita Johnson, Assistant U.S. Attorney, United States Attorney's Office, John Joseph Moakley Federal Courthouse, Boston, MA, for USA, Plaintiff.

Robert H. Cox, Jennifer A. Zenker, Howrey & Simon, Washington, DC, Robert F. Ruyak, Alan M. Wiseman, P. Todd Mullins, Douglas S. Onley, Howrey, Simon, Arnold & White, LLP, Washington, DC, Steven M. Bauer, Kurt W. Lockwood, Test, Hurwitz & Thibeault, LLP, Boston, MA, for defendant.

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

The government seeks the maximum possible civil penalty of $35 million against defendant Boston Scientific Corporation ("BSC") on the ground that BSC violated a consent order of the Federal Trade Commission ("FTC") that was designed to ensure competition in the intravascular ultrasound ("IVUS") catheter market. The FTC argues that BSC's transgressions decreased competition in the IVUS...

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