Abbott’s Acquisition of Kos Pharmaceuticals, Inc. Clears
ABBOTT PARK, Ill., Dec. 4, 2006 — Abbott (NYSE:ABT) announced today that the
Federal Trade Commission has granted early termination of the waiting period under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 applicable to Abbott’s offer to
purchase all of the outstanding shares of common stock of Kos Pharmaceuticals, Inc.
The FTC’s action satisfies one of the conditions necessary for the consummation of the
pending acquisition. The tender offer is scheduled to expire at 12:00 midnight, New York
City time, on Tuesday, Dec. 12, 2006, unless the tender offer is extended.
Consummation of the tender offer remains subject to other customary closing conditions,
including satisfaction of the minimum tender condition under the Agreement and Plan of
Merger entered into by Abbott and Kos on November 5, 2006.
As previously announced, Abbott commenced a tender offer on November 14, 2006 for
all of the outstanding shares of Kos common stock for $78.00 per share in cash.
Abbott is a global, broad-based health care company devoted to the discovery,
development, manufacture and marketing of pharmaceuticals and medical products,
including nutritionals, devices and diagnostics. The company employs 65,000 people and
markets its products in more than 130 countries. Abbott’s news releases and other
information are available on the company’s Web site at www.abbott.com.
This press release is neither an offer to purchase nor a solicitation of an offer to sell
securities. The tender offer is being made pursuant to a tender offer statement and related
materials. Kos shareholders are advised to read the tender offer statement and related
materials filed by Abbott with the U.S. Securities and Exchange Commi