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I am not taking any position for or against this acquisition but
I do want to correct one error in George's post.  The current legal
position is that in many countries of the world (including the US
and the EEC but NOT Australia) there is NO competition in MPE
microscopy.  The Cornell patent has been upheld by the courts in
the US and (on appeal) in the EEC.  In these jurisdictions only
Bio-Rad can legally sell femtosecond MPE microscopy systems, and
they have only issued licences to other vendors in limited
geographical territories.  Quite how one distinguishes between
MPE systems and second harmonic systems (not, IMHO, covered by
the patent) is something which I guess only the courts will decide.

                                               Guy Cox



Quoting George McNamara <[log in to unmask]>:

> Dear Confocalists,
>
> I came across the following press release from the UK Competition
> Commission. Even though they wanted to hear from all interested parties by
> 22 January 2004, I strongly encourage you to write the commission, whether
> you are for or against the acquisition. I happen to be for it: there will
> be plenty of competition in MPE, CLSM, spinning disk confocal, digital
> deconvolution, etc, after Bio-Rad leaves this market. I am whelmed that
> neither Zeiss nor Bio-Rad have have publicized this on their web sites or
> to this community listserv.
>
> George
>
>
> http://www.competition-commission.org.uk/press_rel/archive/2003/dec/html/56-
> 03.htm
>
> 56-03
>
> 30 December 2003
>
> PROPOSED ACQUISITION BY CARL ZEISS JENA GMBH OF THE MICROSCOPY BUSINESS OF
> BIO-RAD LABORATORIES INC
> Competition Commission invites evidence
> The OFT has today asked the Competition Commission (CC) to look into the
> proposed acquisition by Carl Zeiss Jena GmbH of Bio-Rad Laboratories Inc.
>
> The CC has been asked to consider whether the proposed acquisition may be
> expected to result in a substantial lessening of competition within any
> market or markets in the United Kingdom for goods or services namely, the
> supply of advanced 3D Microscopes (which here includes single-photon and
> multi-photon microscopes) in the United Kingdom. The CC is required to
> publish its report by 14 June 2004.
>
> The CC would like to hear from all interested parties, in writing, by 22
> January 2004. To submit evidence, please write to:
>
> Inquiry Secretary (ZEISS/ BIO-RAD)
> Competition Commission
> New Court
> 48 Carey Street
> LONDON
> WC2A 2JT
>
> Or email: [log in to unmask]
>
>
> Notes for Editors
>
> The Enterprise Act 2002 empowers the OFT to refer to the CC completed or
> proposed mergers for investigation and report which create or enhance a 25
> per cent share of supply in the UK (or a substantial part thereof) or where
> the UK turnover associated with the enterprise being acquired is over £70
> million (see OFT Press Release PN 174/03).
>
> The CC has a 24-week period in which it is required to publish its report,
> which may be extended by no more than eight weeks if it considers that
> there are special reasons why the report cannot be published within that
> period.
>
> Further information can be obtained from the CC’s web site at:
> http://www.competition-commission.org.uk.
>
> Enquiries should be directed to Francis Royle, Press Officer, tel: 020 7271
> 0242.
>


--
Associate Professor Guy Cox
Electron Microscope Unit, F09
University of Sydney NSW 2006
+61 2 9351 3176