United States v. Boston Scientific Corp.

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 market by driving Hewlett-Packard Company (“HP”) out of the market, which reduced the number of IVUS competitors from three to two; that BSC’s violations…