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Just to say that the UK competition commission did send out paper details on
this - although that was the first I heard of it - and we have a Bio Rad
system !

My paper copy says that the deadline is 6th Feb 2004 - so it is not too late
to make a  representation

Ruth
Dr Ruth M. Empson
Lecturer in Neuroscience
School of Biological Sciences
Royal Holloway University of London
EGHAM
Surrey
TW20 0EX

Tel 01784 414264
Digital voicemail 07092 076899
Fax 01784 434326

*       To find out more please visit the lab homepage at
http://web.rhul.ac.uk/Biological-Sciences/empson/

> -----Original Message-----
> From: Guy Cox [SMTP:[log in to unmask]]
> Sent: 26 January 2004 5:50 AM
> To:   [log in to unmask]
> Subject:      Re: proposed acquisition by Zeiss of Bio-Rad microscopy
> business (better         late than never?)
>
> Search the CONFOCAL archive at
> http://listserv.acsu.buffalo.edu/cgi-bin/wa?S1=confocal
>
> 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/5
> 6-
> > 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