SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER
Pursuant to Rule 13a-16 or 15d-16 of the
Securities Exchange Act of 1934
For the month of May 2006
FRESENIUS MEDICAL CARE AG & Co. KGaA
(Translation of registrant’s name into English)
Else-Kröner Strasse 1
61346 Bad Homburg
Germany
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual reports under
cover of Form 20-F or Form 40-F.
Form 20-F þ X Form 40-F o
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by
Regulation S-T Rule 101(b)(1):
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by
Regulation S-T Rule 101(b)(7):
Indicate by check mark whether the registrant by furnishing the information contained in this
Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under
the Securities Exchange Act of 1934.
Yes o No þ
If “Yes” is marked, indicate below the file number assigned to the registrant in connection
with Rule 12g3-2(b): 82
On May 3, 2006 Fresenius Medical Care AG & Co. KGaA (the “Company”) issued an Investor
News announcing its first quarter 2006 earnings results. A copy of the Investor News is furnished
as Exhibit 99.1.
The attached Investor News contains non-GAAP financial measures. For purposes of Regulation G,
a non-GAAP financial measure is a numerical measure of a company’s performance, financial position,
or cash flows that either excludes or includes amounts that are not normally excluded or included
in the most directly comparable measure calculated and presented in accordance with generally
accepted accounting principles. To supplement our first quarter 2006 consolidated financial results
presented in accordance with Generally Accepted Accounting Principles in the United States, or
GAAP, we have used non-GAAP financial measure of (a) EBITDA, or operating income excluding
depreciation, amortization, and minority interests, (b) operating income excluding one-time costs,
(c) free cash flow, and (d) dialysis products external sales. These non-GAAP measures are provided
to enhance the user’s overall understanding of our current financial performance and our prospects
for the future. In addition, because we have historically reported certain non-GAAP financial
measures in our financial results, we believe the inclusion of these non-GAAP financial measures
provides consistency and comparability in our financial reporting to prior periods for which these
non-GAAP financial measures were previously reported. These non-GAAP financial measures should not
be used as a substitute for or be considered superior to GAAP financial measures. Reconciliation of
the non-GAAP financial measures to the most directly comparable GAAP financial measures are
included in the attached Investor News in a separate statement setting forth the reconciliation and
in the Cash Flow Statement.
The Exhibit attached hereto, shall not be deemed “filed” for purposes of Section 18 of the
Securities and Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of
that section, nor shall it be deemed incorporated by reference in any filing under the Securities
Act of 1933 or the Exchange Act, regardless of any general incorporation language in such filing.